This legal agreement between you and Tick 7 Limited governs your use of the product, software, services, and websites collectively referred to as the “Application” as supplied under the Business Backbone brand. It is important that you read and understand the following terms. By clicking “AGREE” you are agreeing that these terms will apply if you choose to access or use the Application.

Tick 7 Limited is the provider of the Application which permits you to utilise certain internet services, including storing your data content and making that data accessible on your compatible devices and computers under the terms and conditions as out in this Agreement.

Upon activation of an account (trial or otherwise) you confirm that you agree to be bound by this Agreement.

Users of the services offered by this Application acknowledge and accept the terms and conditions of the contract.

Owner of the Application and related Services

Tick 7 Limited, 32 West Ella Way, Kirk Ella, Hull, East Yorkshire, HU10 7LW

Application : DiGA (Data Intelligence Gathering for All)

Description :   A data aggregation service giving users access their cloud data via the use of developed and 3rd party tools, reporting or otherwise.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through the Application or which they upload and post on the Application, or transfer by any other means, undertaking to relieve the Owner of the Application of any liability or claim arising against said Owner of the Application in connection with the illegal distribution of third party content or use of the service in infringement of the law.

Users consent to secure remote access by the Application to retrieve data from a given source is an inherent part of the ongoing use of the Application.

Rights over content provided by Users

The only rights granted to the Owner in relation to content that Users provide are those necessary for the operation and maintenance of the Application itself.

At no time shall the Owner distribute, share or knowingly provide access to your content other than through your own login and password.

Content provided by third parties

The Owner is not responsible or liable for any content and/or links provided by third parties shown therein, as well as for their availability, and performs no prior monitoring.

Services provided by third parties

Users may use third party services or content included in the Application and must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances shall the Owner be deemed liable in relation to the proper functionality and/or availability of such third parties services.

Premium services

Users may have access to premium services which require payment of fees.

Fees and payment terms are highlighted in the pricing page, as well as the billing period in case of recurring subscription.

The Owner reserves the right to change these conditions at any time and without notice but with effect from the next billing period.

Trial

Where the Application offers a Trial period, the User will experience, for free and for a limited period of time, some of the paid features offered by the Application. Details on the Trial terms will be provided at the moment of User subscription.

For some Trials, we may require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for service on the first day following the end of the Trial, on a recurring subscription basis. By providing your payment details in conjunction with the Trial, you agree to this charge.

If you do not want this charge, you must change your Subscription to the Free Service through your account’s settings before the end of the Trial.

Recurring susbscription

Payments start from the date you elect or convert to a Paid account with a recurring subscription pricing model that will renew at the end of every billing period.

Automatic renewal

Recurring subscription renewal is performed automatically using the payment details you provided for a renewal period equal in time to the original service period subscribed to. Cancelling such automatic renewals will make the renewal impossible and force the Application to cancel the subscription upon expiration.

Marketing Consent

You consent as part of a recurring subscription to the Application for the Owner to use your non-personal details such as (but not restricted to) company name, logo, website address, summary of your business, stated industry as part of ongoing electronic or print marketing for the purposes of furthering the understanding of the features and benefits of the Application to which you are subscribed.

At no time will any recommendation or inferred endorsement be applied without your direct approval.

In all cases your approval will be sought in advance.

Refunds and money-back guarantee

Payments are made in advance for the billing period as stated in the recurring subscription option chosen. Users acknowledge that fees for part used billing periods are non-refundable.

Payments taken in error following the end of the cancellation billing period will be refunded on request.

Deleting your account and account termination

Registered Users can cancel their accounts and stop using the service at any time, through the Application interface or by directly contacting the Owner.

The Owner reservers the right to suspend or terminate access to the Application at any time, even without notice, in case of a breach of the Terms.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express permission by the Owner, either granted directly or through a proper reselling program.

Indemnity

You agree to indemnify and hold the Owner of the Application, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, use of or connection to the Service, violation of these Terms, or violation of any third party rights.

The Service provided by the Application is “as is” with no express or implied warranty for accuracy or availability.

Permitted use

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on the Application or any portion ofit;
  • circumvent any technology used by the Application or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through theApplication; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve,scrape, or index any portion of the Application or its content
  • rent, lease or sublicense the Application;
  • use the Application in any other improper way that violates these Terms.
  • Privacy Policy – In the event that the application processes personal data, Users are strongly recommended to read the Privacy Policy.

Copyright

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning the Application are, and remain, the exclusive property of the Owner of the Application or its licensors and are protected by the laws in force on trademarks and by related international treaties.

Age Eligibility

Users under the age of 13 based in the United States or those lacking the legal capacity to be bound by these Terms or missing the authorisation to use this Application according to their applicable legislation, must not use the Application.

Limitations of Liability

The Owner of the Application, within the limits as currently set out by law, is liable for damage under contract and in tort only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of the Application.

The User expressly releases and exempts the Owner of the Application from any liability, to the extent permitted by the applicable law, relating to possible damages or claims of any kind, against the Owner or third parties, arising from improper use of the service or caused by ‘failure to comply with the law by the User, the User’s employees or business partners.

Changes to these Terms

The Owner of the Application reserves the right to modify these Terms at any time, informing Users by publishing a notice within the Application.

Users who continue to use the Application after the publication of the changes, accept the new Terms in their entirety.

Assignment of contract

The Owner of the Application reserves the right to transfer, assign, dispose by novation or subcontract all or any rights or obligations under these Terms, provided that the User’s rights hereunder are not affected in any way.

Users may not assign or transfer in any way their rights or obligations under these Terms without the written permission of the Owner of the Application.

Contacts

All communications relating to the Application must be submitted using the contact information found on the Application website.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to English law.

The parties agree to carry out any dispute, within the limits of the applicable law, under the jurisdiction of the English courts.

Information about these Terms

The summaries at the beginning of the document or at the beginning of the paragraphs help you navigate and understand the document but won’t susbstitute the document in its entirety, nor be legally relevant.

These Terms were prepared autonomously and with full assumption of responsibility by the Owner of the Application.

Definitions

Application

The application provided by the Owner.

Owner

Tick 7 Limited, the owner of the Application

Service

The service provided by the Application as described in these Terms and in the Application.

User

Any user, whether a physical or legal person, of the service provided by the Application.

Terms and Conditions or Terms

These Terms of Service which constitute a legally binding agreement between the User and the Owner of the Application.