SME Clutch End-User License Agreement (EULA)
Effective date: 17 June 2024
This End-User License Agreement ("EULA") is a legal agreement between you (the "User" or "you") and Store Performance Limited ("we" or "us") for the software application known as SME Clutch ("Software"). By using the Software, you agree to be bound by the terms of this EULA. If you do not agree to all the terms of this EULA, you are not authorized to use the Software.
1. License Grant
We grant you a non-exclusive, non-transferable license to use the Software on a single device for as long as your subscription (free or paid) is valid. You may not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software. You may not distribute, sublicense, rent, lease, or otherwise transfer the Software to any third party.
2. Software Components
The Software is built using some open-source components
The Software also includes features provided under the Xero privacy policy and terms of use and the Inuit QuickBooks privacy statement and terms-of-service.
3. Data Privacy
We take your data privacy seriously. Please refer to our separate Privacy Policy for details on how we collect, use, and disclose your personal information.
When you use our application, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. Personal Data shall not be included in any data analytics.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR THAT IT WILL MEET YOUR REQUIREMENTS.
5. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Product Support
The Software provides help and FAQ features to aid the user and video guides are provided through our website and other platforms. Feedback is available through the software as defined in the user manual. E-mail direct support is also available during office hours via [email protected].
7. Downtime, Maintenance and Data Loss
Downtime is sometimes necessary for maintenance and security updates. We always strive to keep this to a minimum. Where downtime is planned, we’ll attempt to notify you in advance. Access cannot be guaranteed due to internet issues, which may happen at any time, for any number of reasons including access to your cloud accounting service. Data loss is an unavoidable risk and you are responsible for maintaining copies of your data entered into our service. Whatever the cause of any downtime, access issues or data loss there will be no compensation
8.Product Features
The Software does not provide any features which are not documented in the user instructions/manual or help/FAQ information. If any features are NOT documented the software does NOT offer or provide them to the user.
9. Term and Termination
This EULA will remain in effect until terminated by you or us. We may terminate this EULA at any time for any reason, with or without notice. You may terminate this EULA by unsubscribing from the Software. The subscription period is monthly, and billing will be ongoing until you unsubscribe. No refund is due if you terminate your subscription. Any free subscription period will terminate automatically.
10 Security
We have taken steps to secure your data (not limited to but including encryption and multi-factor authentication), no method of electronic storage is completely secure, and we cannot guarantee absolute security. You have a role to play by keeping all login credentials secure and not letting any other person access your account.
11. Governing Law
This EULA shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
12. Entire Agreement
This EULA constitutes the entire agreement between you and us regarding the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
13. Severability
If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
14. Contact Us
If you have any questions about this AGREEMENT, please contact us at [email protected].
Store Performance Limited
Company Registration UK:11327812
Registered Office 15-17 Eastgate Street, Bury St. Edmunds IP33 1XX United Kingdom
