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Introduction

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Welcome to moneyXplier® ("we," "our," "us"), a SaaS platform owned and operated by BM Interim Management Ltd. By accessing or using our software services ("Services") provided via our website www.moneyxplier.com ("Site"), you agree to comply with these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use the Services.

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These Terms apply to all users, both paid and unpaid, and govern your access to and use of the Services. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind the organisation to these Terms.

 

1. Definitions

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• Services: The software-as-a-service platform provided by moneyXplier®, including its features and any updates, enhancements, or modifications.

 

• User: Any individual or entity who registers for or uses the Services.

 

• Account: A user-specific profile created to access and use the Services.

 

• Subscription Plan: The paid plan or service tier that the User selects when subscribing to the Services.

 

2. License Grant

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Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited license to use the Services for the duration of your subscription. This license is provided solely for your internal, non-commercial use, unless explicitly permitted otherwise by us.

 

You agree not to copy, modify, distribute, or reverse-engineer the Services or any part thereof.

 

3. Account Registration

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To access the Services, you must create an account. When creating an account, you agree to provide accurate and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.

 

You must immediately notify us of any unauthorised use of your account. We are not responsible for any loss or damage arising from your failure to comply with this security requirement.

 

4. Subscription Plans and Payments

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The Services are offered under different subscription plans, and you agree to pay the applicable fees for the plan you select. Payment will be billed at the beginning of each subscription period, typically annually.

 

Subscription Fees: Fees are due in advance, and you agree to pay the fee. The subscription fee is non-refundable, except as provided by law or our refund policy.

Free Trials: If you are on a free trial, the term is unlimited, unless you subscribe to the paid plans. When your paid subscription expires, you will automatically be downgraded to the free plan unless you pay the subscription fee.

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Billing Information: You agree to provide accurate, complete, and up-to-date payment information to our payment processor PayPal. If your payment method fails or is declined, you will automatically be downgraded to the free plan until the payment issue is resolved.

 

5. User Responsibilities

 

You are responsible for:

• Ensuring that your use of the Services complies with these Terms and all applicable laws.

 

• Maintaining the confidentiality of your account and credentials.

 

• Ensuring that all data you upload to the Services complies with applicable data protection laws.

 

• Not using the Services for any illegal, harmful, or unauthorized purposes.

 

5a. Usage

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• You acknowledge and agree that we will not in any way be held responsible for the veracity, correctness, completeness or relevance of the data input provided by you into the Service.

 

• You acknowledge that we will not be held responsible or liable for any business decisions that the you may make to your business operations or strategies as a consequence of the data output of the Services.

 

• You acknowledge and agree that the data output of the Services is as accurate, complete and relevant as the data input by you.

 

• You acknowledge and agree that you are alone are responsible for understanding and interpreting the data output of the Service and further acknowledges and agrees that the Services does not purport to provide, nor does any data output constitute, any business advice, guidance or recommendations whatsoever.

 

5b. Prohibited Uses

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You agree not to use the Services for any of the following:

• Engaging in activities that violate any laws or regulations.

 

• Infringing upon the intellectual property rights of others.

 

• Interfering with the operation of the Services or the Site.

 

• We reserve the right to suspend or terminate your account if you violate these prohibited uses.

 

6. Data Privacy and Security

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We are committed to protecting your data. By using our Services, you agree to our Privacy Policy, which governs the collection, use, and protection of your personal information. We comply with the UK General Data Protection Regulation (GDPR) and other applicable data protection laws.

 

Data Processing Agreement (DPA): If you are a business customer, you may enter into a Data Processing Agreement (DPA) with us to govern the processing of personal data under the GDPR.

 

We implement reasonable security measures to protect your data, but you acknowledge that no method of electronic transmission is entirely secure, and we cannot guarantee the security of your data.

 

7. Intellectual Property

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We retain ownership of all intellectual property rights to the Services, including but not limited to the underlying code, content, trademarks, and designs. You may not copy, modify, or use our intellectual property except as expressly permitted by these Terms.

 

You retain ownership of any content that you upload to the Services, subject to the license granted below.

 

License to Use User Content: By submitting content to the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and process your content solely for the purpose of providing and improving the Services.

 

8. Service Availability

 

We strive to ensure that the Services are available at all times. However, we do not guarantee that the Services will be uninterrupted or error-free. We may perform maintenance or updates to the Services, and you acknowledge that such downtime may occur.

 

We will make reasonable efforts to notify users of scheduled maintenance, but we do not guarantee that there will be no downtime.

 

9. Termination

 

You may cancel your subscription at any time by following the cancellation process in your account settings. Upon cancellation, your access to the Services will continue until the end of your current billing period, and no further charges will be made after that.

Alternatively, you may transfer your subscription onto another user connected to the same company, new or existing. 

 

We reserve the right to suspend or terminate your access to the Services if:

 

• You violate these Terms.

 

• We are required to do so for legal or regulatory reasons.

 

• Upon termination, your account will not automatically be deleted, unless you choose to do so. If you choose to delete your account the data will be subject to our data retention policy.

 

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10. Limitation of Liability

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To the maximum extent permitted by law, BM Interim Management Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, data, or goodwill arising out of or related to your use of the Services, even if we were advised of the possibility of such damages.

Our total liability to you for any claims under these Terms shall not exceed the amount you paid for the Services in the 12 months preceding the claim.

 

11. Indemnification

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You agree to indemnify and hold harmless BM Interim Management Ltd, its officers, employees, agents, and affiliates from any claims, losses, liabilities, and expenses (including legal fees) arising out of:

• Any violation of these Terms.

 

• Any infringement of intellectual property or privacy rights.

 

12. Amendments to Terms

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We may modify these Terms at any time by posting the updated Terms on our Site. The updated Terms will be effective upon posting. Your continued use of the Services after the updated Terms are posted will constitute your acceptance of those changes.

 

13. Governing Law and Dispute Resolution

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These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in England and Wales.

 

14. Force Majeure

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We will not be liable for any failure or delay in performance of our obligations under these Terms if the delay is caused by events beyond our reasonable control, including but not limited to acts of nature, government actions, or technical failures.

 

15. Severability

 

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

 

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

 

BM Interim Management Ltd

Email: info@bmim.co.uk

Address: 98 Mortimer Street, London, W1W 7GB, United Kingdom

Phone: +44 (0) 20 3601 8475