ANY PERSON OR ENTITY (“User”) USING OR ACCESSING THE SERVICES AVAILABLE VIA THE SITE AT www.recount.com (“Site”) MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT (“Agreement”) Your access and use of the site constitute your agreement to be bound by the Agreement.
Recount. When you register with the Site, you are contracting with Arria Data2Text Limited, a company registered in Scotland, having its office at 9th Floor, MacRobert Building, University of Aberdeen, Aberdeen, AB24 5UA Scotland. Arria Data2Text Limited is referred to in these terms and conditions as “we”, “us”, “our” or “Recount”. You must be at least 18 years old to register with the Site and to use our services. We advise you to read and understand our terms and conditions carefully before using or services as, by using any services via the Site, you accept and agree all the terms and conditions in this Agreement. You warrant that where you have registered to use any Recount services or software on behalf of another person, you have the authority to enter into this Agreement on behalf of that person and you agree that by registering with Recount you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of this Agreement.
Helpdesk. In case of any technical problems, you must make all reasonable efforts to first investigate and diagnose problems before contacting Recount. If you still need technical help after such reasonable attempts, please contact us at email@example.com.
Services. Recount is a cloud-based software that uses proprietary AI and Natural Language Generation software to provide an on-demand assessment and reporting service for business users (“Services”). Recount helps you to understand what’s going on financially in your business in plain language, using your data held in the related “Xero” software application. Please note that the “Xero” software is not provided or owned by Recount. Further details of the Recount services are set out on the relevant pages of the Site.
Passwords. You will be responsible to Recount and to others for all activity that occurs under your registration account. You agree to keep your Recount password secure and confidential and to not allow anyone else (save for persons authorized by you) to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible.
Licence. Subject to the terms of your subscription (or trial subscription), Recount grants you the non-exclusive, non-transferable and limited right to access and use the Recount software via the Site for your own lawful personal use in accordance with this Agreement and any notice sent by Recount or condition posted on the Site. Please note that you may log-in for access on only one device at a time. The extent of access and use shall be subject to the terms of your subscription at the time of such access and use. You may use the Site on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised by them to do so and that all persons for whom or to whom Recount services are provided comply with and accept all terms of this Agreement that apply to you. Use of the Services may be subject to limitations as notified to you from time to time.
Your Data. Title to, and all rights in, the data you upload to Recount shall remain your property. Your continuing access to such uploaded data, however, is conditional on the status of your Recount subscription. You hereby grant to us a licence to use, copy, transmit, store, and back-up your personal information and data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of Services to you. You must maintain copies of all your data that you have input or uploaded to Recount. Recount expressly excludes liability for any loss of data no matter how caused. If you enable any third-party applications for use in conjunction with the Services, you acknowledge that Recount may allow the providers of such third-party applications to access your data as required for the interoperation of such third-party applications with the Services. Recount shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.
Your Obligations. You agree to provide us with accurate information and materials necessary to provide the Services to you, and to comply with our reasonable directions and to provide reasonable cooperation where necessary for provisions of the Services. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the contents and/or communications you upload to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to the Site. Specifically, in relation to the Site you agree:
– not to post content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
– not to post content which you do not have the right to use;
– not to attempt to gain unauthorised access to data or content other than that which you have been given express permission to access;
– not to abuse other Users or anyone else;
– not to register more than one account for yourself or anyone else;
– not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
– not to post content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer any portion of the Site;
– not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Recount software orSite.
Recount Content. The Site is intended only for the purposes specified thereon, and your use of either and/or content contained therein (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, with or withoutnotice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and we will not be liable for any inconvenience, loss of revenue or any damages which result from the direct or indirect use of any information provided by Recount. If you find that some particular item of information is incorrect or has not been provided, please contact us and we will try to rectify or provide the information as soon as reasonably possible. Recount (unless otherwise stated herein) owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by Recount or under local law. The Site and the Content are for your personal use only, and you may not offer for re-sale any accommodation appearing on the Site.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process
Subscriptions. Your use of Recount is subject to the status of your subscription, for which (following any permitted beta or trial use without fee) a monthly fee is payable in accordance with the subscription details set out on the relevant pages of the Site. Please note that subscription fees are subject to change from time to time by posting new prices on the Site. All prices are inclusive of applicable applicable value added taxes and/or other similar local taxes, unless otherwise stated. Without limiting any other remedies or our rights hereunder, we reserve the right to cancel or suspend provision of the Services if any such sums are not fully paid. Recount will not provide any refund for any remaining period unused at the time of any termination.
Trial subscriptions. Trial subscriptions are offered from time to time and no charges or fees will be payable during the period of such trial. Under such trial, you may access Recount to evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you choose to continue using the Services thereafter, you will be billed from the date of the expiry of the trial period. If you choose not to continue using the Services after any trial period, your access will cease.
Confidentiality. Save with prior written consent from Recount, you agree to preserve the confidentiality of all information obtained in connection with this Agreement which could be reasonably considered as confidential, and to not disclose or make any such confidential information available to any person, or use the same for your own benefit, other than as contemplated by this Agreement.
Liability. While we endeavour to provide the highest-possible quality standards of service, Recount provides no warranty or guarantee that such quality of service will be met at all times. You agree that the liability of Recount to you hereunder shall be limited to the lesser of (a) the amount you have actually paid to Recount for services; or (b) one hundred pounds sterling (GB£100). Except as set out herein, Recount shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or otherwise in relation to the services that we provide. Nothing herein is intended to limit or exclude liability for death or personal injury caused by the negligence of Recount.
Indemnity. You agree to indemnify Recount for any loss or damage that may be incurred by Recount, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Recount for all loss or damage incurred by Recount in relation to any third party claim against Recount for infringement of intellectual property rights arising from your provision of materials to the Site.
Termination of this Agreement. Please contact us at email@example.com if you would like to close your registration account. Recount may at any time terminate this Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to breach or are unable to comply with) any term herein, or if we are legally required to do so, or if continuation is likely to be no longer commercially viable or desirable for Recount. In the event of any termination by either party, all outstanding sums will become immediately payable.
Trade Marks. The brands, products and service names, logos and the like used or appearing within the Site (including, without limitation, the mark “Recount”) are the trademarks or trade names of Recount or its affiliates unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Recount. You agree to the appearance of the Recount logo and the words “Powered by Arria NLG” in the bottom margin of each report page generated by Users using Recount.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Recount and to indemnify Recount from and against any and all claims, loss, damages and expense that Recount suffers as a result of such interference. Recount will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Recount or any other parties through use of the Site or services provided therefrom. Recount reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block access to Recount from your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Site and/or any content therein creates no partnership, client, fiduciary or other professional relationship with Recount.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations that is caused by events outside our reasonable control.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted. Your continued use of the Site or the Services constitutes agreement with and acceptance of any such amendment or other changes.
Third Party Rights. A person who is not a party to this Agreement shall have no right to benefit under or to enforce any term of this Agreement.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
Contacting Us. For enquires regarding Recount, please contact us at the following address: Recount, Arria Data2Text Limited in care of Arria NLG PLC, Space One 1 Beadon Road, London W6 0EA, UK, or contact us at firstname.lastname@example.org.