Terms and Conditions

Thank you for choosing DayFive, please refer to our Appendix
for clarity on any definitions used in these terms and conditions. The Terms
layout the conditions under which you may use our application DayFive accessed
through DayFive.eu

If you’re using our Services on behalf of an organisation or
entity, then you are agreeing to these Terms on behalf of that Organisation and
you represent and warrant that you have the authority to bind the Organisation
to these Terms.

Please read these Terms carefully before using this Site,
App or Services. You accept these Terms by signing up for an Account via our
Site or App.

1. Information about us

Our Site is owned and operated by App.DayFive Ltd, a company registered in England and Wales, with company registration number 16294573. 

2. Accessing our Services

Our Services are available exclusively for lawful use by individuals or organisations that possess the legal capacity and authority to enter into a binding contract under applicable law. We do not provide access to minors or in jurisdictions where our Services are prohibited. By using the Services, you represent and warrant that you meet these legal requirements and agree to comply with these Terms and all relevant laws.

To ensure reliable access, DayFive maintains and operates the necessary infrastructure, including facilities, equipment, and programming, collectively forming a host data centre. However, we do not guarantee uninterrupted availability of our Services, Software, or content. Access is provided strictly on an "as is" basis, and to the fullest extent permitted by law, we assume no liability for downtime or service unavailability.

Our Services, including the Software, may integrate with or rely upon third-party products and services. We are not responsible for disruptions or failures caused by these third parties. Any engagement with Third Party Inputs is at your own risk and may be subject to additional terms and conditions set forth by the respective providers.

You are solely responsible for arranging the necessary requirements to access our Software, including securing internet connectivity and suitable computer or mobile devices. Additionally, you must ensure that any individuals accessing our Software through your connection are aware of and adhere to these Terms and other applicable agreements.

Access to the Services is permitted only through the interfaces and protocols provided or authorised by DayFive. You are responsible for safeguarding your information, which includes installing security software, keeping applications updated, password-protecting sensitive data, and preventing unauthorised third-party access to your systems. You are also accountable for the conduct of any employees, consultants, or affiliates using the Services under your account.

We reserve the right, at our sole discretion, to restrict or terminate access to our Services for any individual or entity found to be using them in a manner inconsistent with our intended purpose, in violation of applicable laws, or in breach of these Terms. This may include suspension or revocation of your account and associated licenses.

To the maximum extent permitted by law, we assume no liability for, and you hereby waive and release us from, any claims or damages arising from payments processed through DayFive or any Third Party Payment Provider.

3. Account Creation and Access

To access our Software, you must create an account using your email and password. If you choose to sign in using Single Sign-On (SSO), you authorize us to retrieve information from your SSO account, including your name and contact details. Your account must remain active to access the Software. You agree to provide accurate and complete information at registration and ensure it remains updated throughout your use of the Services.

4. Account Security and Responsibility

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. These details must not be shared with third parties. Any consequences arising from unauthorized access due to failure to safeguard your login information will be solely your responsibility.

If you suspect or become aware that your credentials have been compromised, you must notify us immediately via the designated contact channels. Until such notification is received and actioned, you remain liable for all activity associated with your account.

5. Authorised Users

You may invite others to access and use the Software by linking them to your account as Authorised Users. These users will have access to specific features of the Software, as configured in your account settings. You may modify their permissions at any time.

You are responsible for ensuring that each Authorised User complies with these Terms and, where applicable, our End User Licence Agreement (EULA). You are fully accountable for their actions or omissions while using the Software under your account.

6. Account Suspension and Termination

6.1 Suspension or Restriction of Access
We reserve the right to suspend, terminate, or restrict access to your account and associated data at any time if, at our discretion, we determine that you have violated any provision of these Terms. This may include suspension of your subscription or revocation of access to our Services.

6.2 Subscription Termination
If you intend to let your subscription expire at the end of the Initial Period or the then-current Renewal Period, you must provide written notice to us at least 14 days before the Service Period ends.

If notice is not received within the required timeframe, the subscription will automatically renew for another Service Period.

Upon termination, all organisations under the subscription will be placed in read-only mode and will no longer have access to active features.

6.3 Account Termination
If you wish to fully terminate your account, you must provide written notice at least 14 days before the end of the Service Period (whether during the Initial Period or any Renewal Period).

Account termination will result in immediate cancellation of all active subscriptions linked to that account.

7. Subscription, Payments and Refund Policy

7.1 Free Trial
A free trial may be granted to eligible users upon request and will be assessed on a case-by-case basis at our sole discretion. To apply for a free trial, you must contact us through our designated support channels. We do not automatically grant free trials, and eligibility will be determined based on factors including prior account history and potential for trial abuse.

If approved, the free trial will last for the duration specified on our Site or App. We reserve the right to limit availability, deny requests, or revoke an active free trial at any time if we determine that you are not eligible. Only new account holders may be considered for a free trial.

If you do not purchase a subscription before the end of the 14-day trial period, your access to the Software will continue for one year in a restricted mode. 
During this period:

Your connection to your accounting system will be disabled.

You will no longer be able to approve or modify any data within the Software.

7.2 Subscription Fees
The fees for our subscription plans are outlined on our website and are subject to change at any time at our discretion. We reserve the right to adjust subscription pricing to reflect market conditions, changes in operating costs, taxation requirements, or any other relevant factors. Any adjustments to subscription fees will be communicated to customers in advance through email, in-app notifications, or by updating the pricing information on our website.

DayFive is a company registered in England and Wales and is subject to Value Added Tax (VAT). Where applicable, VAT will be added to the total subscription fees in accordance with UK tax regulations. Customers are responsible for reviewing and understanding the applicable tax implications related to their subscription payments.

By continuing to use our Services after any fee adjustments take effect, you acknowledge and accept the revised subscription costs. If you do not agree with a change in fees, you may choose to terminate your subscription in accordance with the termination provisions set out in these Terms.

7.3 Subscription Renewal
To continue using our Services beyond the trial period, you are required to purchase a subscription licence to the Software. This can be done via the purchase link provided within the Software or on our website. If you do not pay the Fees at the end of the free trial period, your access to the Services will be handled in accordance with clause 7.1. Your subscription will start, and the free trial will end, on the Payment Date.

7.4 Subscription plans
Annual Subscription
If you purchase an annual subscription, it will commence on the activation date following the successful payment of the Fees. The subscription will remain active for twelve (12) months from that date.

Upon the expiry of the Initial Period, your subscription will automatically renew for subsequent Renewal Periods, each lasting 12 months, unless you terminate it in accordance with the provisions outlined below. Subscription Fees will be charged annually from the Payment Date on a recurring basis.

Monthly Subscription
For users selecting a monthly subscription, the Service will begin on the activation date upon receipt of payment. The subscription will continue on a rolling monthly basis, with each month serving as a Renewal Period.

Subscription Fees will be charged monthly, recurring from the Payment Date, unless and until the subscription is terminated as specified in these Terms.

7.5 Payment Methods
All available payment methods for subscription Fees are listed on our Site or App. Payments for both initial purchases and subscription renewals are processed through third-party e-commerce service providers. You acknowledge and agree that we do not control the actions of these third-party payment processors, and their terms and conditions may apply to your use of their services.

You must not attempt to make payments fraudulently or through unlawful means. If you choose to pay using a debit or credit card, you confirm that you are authorized to use the selected payment method.

7.6 Refund Policy
Except as explicitly provided in these Terms and to the extent permitted by law, all Fees are non-refundable. Once a subscription licence has been purchased and the Service activated, refunds will not be issued under any circumstances, including but not limited to:
Early termination of a subscription.
Account closure before the subscription period ends.
Non-usage of the Service during an active subscription term.

7.7 Late Fees and Payment Failures
Payment Failure Terms
If we are unable to process a payment for your subscription on the due date, you will be granted a grace period of seven (7) days during which you will still have full access to the Software and Services.

We will attempt to reprocess the payment within this period.
You are responsible for ensuring that your payment method is valid and has sufficient funds.
If payment is successfully processed within the 7-day grace period, your subscription will continue without interruption.

Suspension of Service and Late Fees
If payment remains unsettled after the 7-day grace period, your access to the Software and Services will be suspended until the outstanding balance is paid in full.

A late fee will be applied to your outstanding balance for overdue payments.

To restore access, you must pay the full outstanding balance, including any applicable late fees.

Failure to settle overdue payments within a reasonable timeframe may result in account termination and further collection actions in accordance with applicable laws.

By proceeding with a payment, you acknowledge and accept this no-refund policy.

8. Support Services

If you require Support Services, you may request assistance by contacting us through our Site or App. We strive to respond to all support requests within a standard response time of 24-48 hours, excluding weekends and public holidays. However, response times may vary depending on the nature and complexity of the request.

Unless otherwise agreed, our Support Services are strictly limited to troubleshooting issues related to our Software and Services. Support does not include:
Assistance with third-party products or services.
Training, onboarding, or consultancy services.
Installation or configuration of software or hardware.
Custom software development, modifications, or integrations.
Data modification, deletion, or recovery requests.
On-site technical support or in-person assistance.

We reserve the right to prioritize support requests based on urgency and severity, and to decline support for issues outside the scope of our services.

9. Intellectual Property Rights and Use of Materials

We own or are the licensee of all intellectual property rights in our Services, Software, and all published content, including but not limited to algorithms, machine learning models, copyrighted works, trademarks, inventions, and designs (collectively referred to as "Our Intellectual Property"). These works are protected under copyright laws and international treaties, and all rights are reserved.

Except as permitted below, you may not reproduce, copy, distribute, sell, sub-license, store, or otherwise re-use any content from our Services or Software without our express written permission.

Permitted Use

You are allowed to:
Print one copy or download extracts of pages from our Site for personal use.
Share content from our Site within your organisation, provided it remains unaltered and properly attributed.

Restrictions on Use
You must not:
Modify printed or downloaded materials in any way.
Use illustrations, photographs, videos, or graphics separately from their accompanying text.
Use any content from our Site for commercial purposes without obtaining a valid licence from us or our licensors.

Consequences of Infringement

If you print, copy, or download any part of our Site in violation of these Terms, your right to use the Site will be immediately revoked. We may, at our discretion, require you to return or destroy any copies of the materials you have obtained. Any unauthorised use of Our Intellectual Property will be considered a material breach of these Terms.

10 Licensing

DayFive grants access to its Software and Services strictly under the conditions outlined in these Terms. By using our Software or Services, you agree to comply with all terms and conditions, including those governing updates and support services, unless specified otherwise in a separate agreement.

Right to Access Software

Subscription Licence
Unless otherwise agreed in writing, and subject to your continued compliance with these Terms, DayFive grants you a worldwide, non-exclusive, non-transferable, and non-sublicensable licence to use the Software solely for internal business purposes. This licence applies only to the number of companies licensed to you and remains valid for the duration of your active subscription.

Restrictions and Ownership
Our Software and Services incorporate exclusive intellectual property and developed using exclusive industry expertise of the members of DayFive and its licensors. To protect these rights, you agree that neither you nor any affiliates, employees, agents, or third parties acting on your behalf will:
Modify, adapt, translate, or create derivative works based on the Software or Services.
Decompile, reverse-engineer, disassemble, or otherwise attempt to access the source code.
Decrypt, extract, or use portions of the Software’s data or files in other applications.
Remove, obscure, or alter trademarks, copyright notices, or proprietary markings belonging to DayFive or third parties.
Publicly disseminate, distribute, or analyse performance data, benchmarks, or any evaluation metrics related to the Software or Services.

This licence is limited to use of the Software and does not confer ownership or any rights to resell, distribute, or sublicense the Software or Services. No implied licences are granted. DayFive retains full ownership, title, and intellectual property rights over its Software and Services.

11 Changes to Our Site, App, and Services

We may update, modify, or enhance our Software, Site, App, and Services at any time to improve functionality, address technical issues, or reflect changes in industry standards. While we strive to minimize disruptions, we will make reasonable efforts to avoid modifications that would materially disadvantage your use of the Services.

If we plan to implement a change that may materially impact your experience, we will provide advance notice whenever possible. Should an update significantly hinder your use of the Services, you may request termination of these Terms by submitting a written notice within 14 days, along with proof of how the change negatively affects you.

If you have an annual subscription and terminate your Account under this clause, we will issue a pro-rata refund for any unused portion of your subscription Fees.

Please be aware that content on our Site or App may become outdated at any time, and we are under no obligation to update or maintain continuous accuracy. We do not guarantee that the Site, App, or any content will be completely free from errors or omissions.

12 Maintenance and Service Downtime

To ensure the optimal performance, security, and reliability of our Software and Services, we may conduct scheduled maintenance, updates, or system improvements.

Scheduled Maintenance
We will make reasonable efforts to perform maintenance during off-peak hours to minimize disruptions.

Whenever possible, we will provide advance notice via our Site, App, or email for any scheduled maintenance that may result in temporary service unavailability.

12.1 Emergency Maintenance
In the event of critical security updates, bug fixes, or urgent infrastructure improvements, we may need to perform emergency maintenance without prior notice.

We will work to restore access as quickly as possible and update users accordingly.

12.2 User Responsibility
You acknowledge that temporary service interruptions may occur due to maintenance and that we hold no liability for any resulting inconvenience, loss of data, or business disruptions.

You are responsible for saving or backing up your data before any scheduled maintenance periods.

12.3 Service Availability
While we strive to provide continuous access to our Software and Services, we do not guarantee uninterrupted availability, as maintenance and external factors may occasionally affect uptime.

If a prolonged outage occurs due to maintenance-related issues, we will evaluate its impact and may, at our discretion, offer service credits or extensions where applicable.

By using our Services, you acknowledge and agree that maintenance periods are a necessary part of service delivery, and we are not liable for any losses or disruptions resulting from scheduled or emergency maintenance.

13 Your Content

13.1 Ownership and Use of Your Content
Any content you upload, input, or exchange through our App, or Services (including text, files, approval workflow data, and other materials) is Your Content, and you retain full ownership of it. By uploading Your Content to our Software, you grant us a licence to use, copy, reproduce, process, adapt, publish, transmit, host, and display it for the purpose of:

Providing you with access to the Software and Services.

Offering support services.

Enhancing and improving the operation of the Software and Services.

Your Content must always comply with the Content Standards outlined in these Terms.

13.2 Your Responsibilities
You are solely responsible for:
Ensuring the accuracy of Your Content.
Correcting errors or data corruption issues.
Implementing security measures to protect Your Content.
Confirming that you have the necessary rights to upload and share Your Content.

You warrant that Your Content does not infringe on any third-party rights, including privacy rights, intellectual property rights, or contractual obligations.

13.3 Output Content
Any data or results generated by the Software based on Your Content (Output Content) remains your property. However, you grant us a limited licence to copy, store, backup, and access the Output Content for the purpose of providing the Software, Services, and Support.

You acknowledge that the integrity and accuracy of Output Content depends on the quality and completeness of Your Content. If Your Content is inaccurate or incomplete, it may impact the functionality of the Software.

13.4 Permission to Use Your Content
By registering for our Services, you associate one or more email addresses with your account. If your account is linked to an email provided by a third-party entity (e.g., your employer), you grant that entity and its administrators permission to:
Access, use, download, export, share, restrict, or remove Your Content.
Integrate Your Content with third-party applications.
Restrict or revoke your access to Your Content.

Your employer or associated entity may have additional rights based on their policies and agreements with you.

13.5 Use of Third-Party Applications
If you choose to use a third-party application with our Software, you consent to Your Content being shared with that third-party provider. You understand that:
The third-party provider’s terms and privacy policy will apply to Your Content.
We do not control third-party applications and are not liable for their use of Your Content.

It is your responsibility to review and understand how third-party providers handle Your Content.

13.6 Reporting Unauthorised Content
We take intellectual property rights seriously and will remove any content that infringes on another person’s rights. If content that you own has been uploaded to our Software without your permission, please contact us. If we receive proper notice of an infringement, we will take appropriate action.

13.7 Prohibited Content
You must not upload or share content that is:
Abusive, threatening, or defamatory.
Obscene, vulgar, or offensive.
False, misleading, or deceptive.
In violation of any law or regulation.

We are not responsible for the accuracy of any content uploaded or posted by users.

13.8 Security and Transmission of Your Content
We use industry-standard security measures to protect Your Content from unauthorised access, loss, or alteration. However, you acknowledge that:
Internet transmission is not 100% secure, and we cannot guarantee complete protection.
Electronic communications and data may pass through multiple networks beyond our control.
You expressly consent to our interception and storage of electronic communications and Your Content for security and operational purposes.

13.9 Retention of Your Content
Upon termination of your subscription, Your Content will remain accessible for one year.

After this period, Your Content will be unavailable unless a subscription is reactivated.

We may retain Your Content as required by law or regulatory obligations.

13.10 Analytics and Data Monitoring
We may monitor, analyse, and compile usage data related to Your Content in an aggregated and anonymised format (Analytics). You acknowledge that:
We own all rights to the Analytics data.
Analytics will be used to improve our Software and Services.
No identifying information will be included in the Analytics.

14 No Reliance on Information

The information provided within our Software, Site, App, and Services is intended for general informational purposes only and should not be considered as professional advice. We do not warrant that any content within our platform is suitable, sufficient, or applicable to your specific needs. It is your sole responsibility to assess whether the App, Site, or Services meet your individual or business requirements, and you assume all risks associated with any reliance on the information provided.

We strive to keep our Site, App, and Services updated; however, we do not guarantee, whether expressly or implicitly, that any content is accurate, complete, reliable, or current. We make no warranties, representations, or assurances regarding the correctness or applicability of any information displayed.

By using our Services, you acknowledge that any decisions, actions, or outcomes resulting from your reliance on our Software or its content are your responsibility alone. We will not be liable for any errors, omissions, inaccuracies, or outdated information, nor for any financial loss, miscalculations, or operational issues that may arise from the use of our platform.

You are encouraged to independently verify all information before making any business, financial, or operational decisions based on the content available through our Services.

15 Limitation of Our Liability

For the purpose of this clause, Liability refers to any expense, cost, loss, damage, claim, demand, notice, entitlement, investigation, proceeding, or judgment, whether direct or indirect, present or future, known or unknown, or involving a third party. This includes but is not limited to Liability under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise.

We do not exclude or limit our Liability for:
Death or personal injury caused by our negligence.
Fraud or fraudulent misrepresentation.
Any other Liability that cannot legally be excluded or limited under English and Welsh law.

However, to the maximum extent permitted by law, we are not liable for any Liability arising under or in connection with:
Third-Party Inputs, including services, tools, or integrations we do not directly control.
Use or reliance on our Services, Software, or any content displayed on our Site or App.
Financial losses, including lost profits, revenue, business, or anticipated savings.
Business interruptions or operational disruptions.
Loss of goodwill, reputation, or business opportunities.
Any indirect, special, or consequential loss or damage.

Furthermore, we hold no liability for:
Incorrect transactions, miscalculations, or financial loss resulting from errors, inaccuracies, or malfunctions in our Software.
Disruptions caused by viruses, distributed denial-of-service (DDoS) attacks, or other harmful technological threats affecting your computer, software, or data as a result of using our Site or downloading its content.
Service disruptions beyond our control, including failures in ISP equipment, hosting providers, network infrastructure, natural disasters, or external cyber threats.
Third-party websites linked on our Site, which are not under our control and do not imply our endorsement.

To the maximum extent permitted by law:
Each party’s Liability will be reduced proportionately to the extent that the other party’s actions or omissions contributed to the resulting loss.
Our aggregate liability in connection with these Terms will not exceed the total Fees paid by you during the Initial Period of your subscription.

By using our Software, Services, and Site, you acknowledge and agree that we are not responsible for any financial, operational, or transactional consequences resulting from errors, delays, or interruptions in our platform.

16 Indemnification & Security Responsibilities

Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold us harmless from any Liability, damages, claims, costs, or expenses we may incur as a result of:
Your Content, including any data, files, or materials uploaded or shared through our Software or Services.
Any violation of intellectual property rights, privacy rights, or any other third-party rights by you or your Authorised Users.
Any unauthorised, improper, or illegal use of our Software or Services by you or your Authorised Users.

You acknowledge that we do not provide an API for external system integration, and any attempt to replicate, extract, or incorporate our Software into another system is strictly prohibited. Any unauthorised use, modification, or adaptation of our Software may result in account suspension, termination, and legal action.

Security & Protection Against Malicious Activity
We do not guarantee that our Software or Services will be free from bugs, viruses, or other harmful elements. You are solely responsible for securing your own systems, devices, and networks when accessing our Software. To protect your data and systems, we strongly recommend:
Using up-to-date antivirus software and security measures.
Regularly updating your operating system and applications.
Not sharing login credentials or permitting unauthorised access to your account.

You must not:
Introduce malicious code, viruses, worms, trojans, or logic bombs into our Software.
Attempt to gain unauthorised access to our Software, databases, servers, or any connected systems.
Engage in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.

Any breach of these security provisions is a criminal offense under the Computer Misuse Act 1990. In such cases, we reserve the right to:
Report the breach to relevant law enforcement authorities and provide necessary cooperation.
Immediately suspend or terminate your access to our Software and Services.

By using our Services, you acknowledge that we are not liable for any security breaches, system vulnerabilities, or disruptions caused by external threats, third-party actions, or user negligence.

17 Linking to Our Site or App

You are permitted to link to the home pages of our Site or App, provided that your link:
Is fair, legal, and does not misrepresent your relationship with us.
Does not damage, exploit, or take advantage of our reputation.
Does not falsely imply any association, approval, or endorsement from us where none exists.

However, you are not permitted to:
Establish a link to our Site or App on a website you do not own.
Frame our Site or App within another website.
Create links to any internal pages other than the home page.

We reserve the right to withdraw linking permissions at any time without notice, particularly if a linked website fails to comply with our Content Standards.

If you wish to use or reference any content from our Site or App beyond what is stated above, you must first obtain our express written consent by contacting us.

18 Prohibited Uses

You may only use our Software and Services for lawful purposes. You are strictly prohibited from using them:
In any manner that violates applicable local, national, or international laws or regulations.
For illegal, fraudulent, or deceptive activities or any purpose with unlawful intent or effect.
To harm, exploit, or attempt to harm minors in any way.
To send, receive, upload, download, or use materials that violate our Content Standards.
To transmit or facilitate unsolicited communications, such as spam, unauthorised advertising, or promotional material.
To intentionally introduce malware, including but not limited to viruses, Trojan horses, worms, spyware, adware, or other malicious code designed to compromise, disrupt, or damage software, hardware, or data.

Additionally, you agree not to:
Reproduce, duplicate, copy, or resell any part of our Software in violation of these Terms.
Access, interfere with, damage, or disrupt:
Any part of our Site or App.
Any servers, equipment, or networks hosting our Site or App.
Any software used to provide our Services.
Any third-party systems, networks, or platforms connected to our Services.

Any breach of this clause may result in immediate suspension or termination of your access to our Software and Services, and may be reported to relevant legal authorities.

19 Content Standards and Compliance

These content standards apply to all material uploaded, shared, or contributed to our Site or App (“Contributions”), as well as any associated interactive services. You are required to comply both in spirit and in letter with these standards. They apply to every part of a Contribution, not just its overall content.

19.1 Acceptable Contributions
All Contributions must:
Be accurate where they state facts.
Be genuinely held where they express opinions.
Comply with all applicable laws in any jurisdiction from which they are posted.

19.2 Prohibited Contributions
Contributions must not:
Contain any material that is defamatory, obscene, offensive, hateful, inflammatory, or otherwise inappropriate.
Promote sexually explicit content, violence, or illegal activities.
Encourage or endorse discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
Infringe on copyrights, trademarks, database rights, or other intellectual property rights of any party.
Mislead, deceive, or be likely to mislead or deceive.
Breach any legal obligations to third parties, including contractual duties or duties of confidence.
Threaten, harass, or invade the privacy of any person, or cause annoyance, distress, or unnecessary anxiety.
Be used to impersonate another person or misrepresent your identity or affiliation.
Give the false impression that they are endorsed by us if that is not the case.
Advocate, promote, or assist in any unlawful act, such as copyright infringement, hacking, fraud, or financial crimes.

19.3 Global Finance Governance & AML/KYC Compliance
You must not:
Upload or contribute any material that violates global financial regulations, anti-money laundering (AML) laws, or Know Your Customer (KYC) requirements.
Use our Services in a way that facilitates fraudulent transactions, money laundering, tax evasion, or financial crimes.
Circumvent, obstruct, or misrepresent identity verification processes or provide false documentation.
We actively monitor for compliance with global finance governance laws and reserve the right to suspend or terminate accounts that breach AML, KYC, or other financial regulations.
Any violation of these Content Standards may result in the removal of your Contributions, suspension or termination of your account, and legal action where applicable.

20 Suspension and Termination

We reserve the right, at our sole discretion, to determine whether a breach of these Terms has occurred. If we identify a breach, we may take appropriate action, including, but not limited to:
Immediate, temporary, or permanent withdrawal of your access to our Site, App, or Services (including the suspension or termination of your account).
Removal of any material or content uploaded to our App.
Issuing a formal warning regarding the violation.
Disclosing necessary information to relevant law enforcement authorities if required.

We are not liable for any actions taken in response to violations of these Terms. The responses outlined above do not limit our ability to take other actions that we deem necessary to enforce compliance.

20.1 Account Termination & Data Responsibility
If your account is terminated or deactivated (whether by you or us), your content may no longer be accessible. We strongly recommend that you maintain your own backups of any data stored within the Software. We do not provide backup services, and you agree not to rely on our Software for data storage or retention.

While we take reasonable steps to secure stored content, we do not guarantee protection against unauthorised access, data breaches, or security vulnerabilities. You acknowledge that the Internet is inherently insecure, and any content or data submissions are at your own risk.

20.2 Recurring Purchase Orders After Termination
If your account is terminated, any recurring or scheduled purchase orders (POs) will continue to be processed and posted onto the elected Enterprise Resource Planning (ERP) system until the final date specified in the schedule.

Users are responsible for manually disconnecting our App from Xero or any other ERP system to suspend further processing or posting of transactions. Failure to do so may result in continued activity even after termination.

21 No warranty

Except as set out in these Terms, the Services are provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

22. Changes to these Terms

We may amend these Terms at any time, by providing written notice to you. By clicking ‘I accept’ or continuing to use our Site or App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the end of the then-current Subscription Period by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Site and App) on and from the date of cancellation. Should a change to the Terms significantly hinder your use of the Services, you may request termination of these Terms by submitting a written notice within 14 days, along with proof of how the change negatively affects you. 
If you have an annual subscription and terminate your Account under this clause, we will issue a pro-rata refund for any unused portion of your subscription Fees.

23 Data Protection, Retention, and Compliance

23.1 Compliance with Data Protection Laws
We are committed to protecting your personal data in accordance with applicable data protection laws, including but not limited to:
The General Data Protection Regulation (GDPR) as implemented in the UK and EU.
The California Consumer Privacy Act (CCPA) and any subsequent amendments.
The Payment Card Industry Data Security Standard (PCI DSS) for secure payment processing.

By using our Services, you acknowledge and agree to comply with these laws where applicable.

23.2 Data Retention and Deletion Policy
We retain personal data and business records only for as long as necessary to fulfill the purposes for which they were collected, including to comply with legal, regulatory, tax, accounting, or reporting requirements.

General Data Retention: Unless otherwise required by law, we will retain your data for a period of five (5) years after your last interaction with our Services or as required by applicable financial and data protection regulations.

Financial and Payment Data: Any financial transactions or payment data processed through our Services will be retained in accordance with PCI DSS standards, ensuring the security of payment information.

User-Initiated Deletion Requests: Under GDPR and CCPA, you have the right to request data deletion, subject to any legal or contractual obligations that may require continued storage of certain data. Requests for deletion can be made through our support channels.

Automatic Data Deletion: After the applicable retention period, we will securely delete or anonymize personal data, unless retention is required for legitimate business purposes or legal compliance.

23.3 Rights Under GDPR & CCPA
Depending on your location, you may have the following rights:
Access & Correction: Request access to the personal data we hold about you and correct inaccuracies.
Deletion: Request the erasure of your personal data, subject to legal exceptions.
Data Portability: Request a copy of your personal data in a structured, commonly used format.
Opt-Out of Data Processing: Opt-out of certain data processing activities, including marketing communications.
Non-Discrimination: Under CCPA, you will not be discriminated against for exercising your privacy rights.

We reserve the right to verify your identity before processing any requests under GDPR or CCPA.

23.4 Payment Security & PCI DSS Compliance
To ensure the highest level of security, we comply with PCI DSS standards when processing payments.

Secure Transactions: All payments are processed through third-party payment providers that meet PCI DSS standards, ensuring the encryption and protection of payment data.

No Storage of Payment Information: We do not store full credit card details on our servers. Any payment information is tokenized and securely handled by our PCI-compliant payment processors.

Fraud Prevention: In line with PCI DSS requirements, we implement fraud monitoring and security controls to detect and prevent unauthorized transactions.

By using our payment services, you agree to adhere to PCI DSS-compliant practices when submitting or handling payment data.

24 Time Zones and Synchronization Delays

Please note that all services, data synchronization, and timestamps are subject to the time zone settings and synchronization schedules of third-party applications and platforms that we integrate with. As such, there may be a delay between an action taken and when it is reflected in our system.

We rely on the time zone information provided by these third-party services and do not guarantee absolute time accurate synchronization. All synchronized data is limited by the upload frequency, latency, and delay inherent to the third-party application's update cycle. Users are encouraged to verify highly time-sensitive information directly within the source application when precision is critical.

25 Third-Party Application Dependency and Currency Limitations

Our product operates as a plugin and is designed to integrate with your existing third-party application. As such, the functionality and data availability within our service are directly dependent on the features and access provided by the subscription package you hold with that third-party application.

Certain features, including but not limited to multi-currency support, may not be available if they are not included in your third-party subscription package. In such cases, a primary reporting rate—based on your default currency within the third-party platform—will be used for all financial reporting and analysis within our plugin.

All currency conversions are calculated using the daily spot exchange rate provided by Bloomberg, and reflect rates available at the time of synchronization. These rates are for reporting purposes only and may differ from actual transaction rates.

26 Slogan Disclaimer

Our slogan, "Beautiful Accounting; On Time, Every Time," reflects our commitment to delivering a seamless and efficient accounting experience. However, the accuracy and timeliness of the results are dependent on the quality, completeness, and punctuality of the user-provided input data as well as the third party services we connect to on behalf of our users.

Our system processes and presents information based on the inputs, configurations, and synchronization permissions set by the user. Therefore, we cannot guarantee accuracy or timeliness in cases where data is incomplete, outdated, or not regularly maintained by the user.

27 General Legal Provisions

27.1 Assignment of Rights & Obligations
We reserve the right to assign or transfer any debt owed by you to us under these Terms to a third-party debt collector, agency, or other entity. Except for such assignments, neither party may transfer or assign its rights or obligations under these Terms without prior written consent from the other party, which shall not be unreasonably withheld.

27.2 Confidentiality
Both parties agree to keep all confidential information private and not disclose or permit unauthorized use of the other party’s confidential data. This obligation does not apply where disclosure is required by law.

27.3 Third-Party Rights
Nothing in these Terms grants or intends to grant any third party the right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.

27.4 Dispute Resolution
Before initiating legal proceedings, both parties must first attempt to resolve any disputes, controversies, or claims in good faith. This does not prevent either party from seeking urgent injunctive or equitable relief from an appropriate court.

If you are resident or incorporated in England and Wales, disputes may be referred to mediation administered by the Centre for Effective Dispute Resolution.

If you are outside England and Wales, disputes may be resolved through arbitration administered by the London Court of International Arbitration (LCIA), conducted in London, in English, and in accordance with LCIA Arbitration Rules.

27.5 Entire Agreement
These Terms, including any referenced policies or incorporated documents, constitute the entire agreement between you and us, replacing any previous agreements, assurances, or understandings—whether written or oral. You acknowledge that you do not rely on any statements or representations not explicitly stated in these Terms.

27.6 Governing Law & Jurisdiction
These Terms are governed by the laws of England and Wales. Both parties irrevocably submit to the exclusive jurisdiction of the courts in England and Wales, including courts that handle appeals.

The Software may be accessible globally, but we make no representations that it complies with the laws of jurisdictions outside the United Kingdom. If you access our Software from another country, you do so at your own risk and must comply with local laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

27.7 Headings & Interpretation
Clause headings are inserted for convenience only and do not impact the interpretation of these Terms. Any delay in enforcing rights under these Terms does not constitute a waiver of those rights.

27.8 Privacy & Data Processing
Our Data Processing Agreement (DPA) forms part of these Terms and is available upon request. Both parties must comply with applicable data protection laws.

27.9 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed, leaving the remaining provisions valid and enforceable.

27.10 Survival of Obligations
Termination or expiry of these Terms does not affect any rights, obligations, or liabilities accrued before the termination date. Certain clauses that, by nature, should survive termination (such as confidentiality, liability limitations, and dispute resolution) will continue in effect beyond termination

Appendix

Definitions

For the purposes of these Terms, the following definitions apply:

"DayFive", "we", "us", "our", "the Company" – App.DayFive Ltd, a company registered in England and Wales, including its products, applications, and services.

"Terms" – These terms and conditions, along with any referenced documents, policies, and agreements.

"Site" – The website located at DayFive.eu.

"App" – The mobile or browser-based application accessed via app.DayFive.com.

"Software", "Services", "Product" – The collective offering provided by DayFive through its Site, and App.

"You", "your" – Any individual, company, or organisation using the Software or Services.

"Organisation" – Any legal entity or business that uses the Software or Services on behalf of its employees, customers, or representatives.

"Account" – A registered user profile required to access and use the Services.

"Authorised Users" – Individuals invited by an account holder to use the Software under their access permissions.

"Subscription Period" – The duration for which access to the Services is granted under a paid plan.

"Third Party Inputs" – Products or services provided by third parties, such as internet providers, payment processors, and integration partners.

"Access Credentials" – Client ID, client secret, and tokens used to authenticate and authorise API access.

"Single Sign-On (SSO)" – Authentication using third-party login credentials (e.g., Google, Microsoft, Xero, Intuit).

"Your Content" – Any data, files, or materials uploaded or generated by users within the Software.

"Service Period" – The initial or renewal period of a subscription, whether annual or monthly.

"Fees" – The charges applicable for using the Services.

"Initial Period" – The first 12 months of an annual subscription.

"Renewal Period" – Subsequent 12-month terms after the Initial Period, subject to automatic renewal.

"Third Party Applications" – External software integrated with the API for data exchange.

"Support Services" – Technical assistance and troubleshooting provided under the subscription.

"Analytics" – Aggregated and anonymised data monitoring for performance analysis.

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