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.
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.
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.
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. 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 and 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. 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.
7.3 Subscription Renewal
To continue using our Services beyond the trial period, you are required to purchase a subscription licence to the Software. 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 and will automatically renew for subsequent 12-month Renewal Periods unless terminated.
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 unless 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 are processed through third-party e-commerce service providers. You must not attempt to make payments fraudulently or through unlawful means.
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.
7.7 Late Fees and Payment Failures
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. 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.
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. Support is strictly limited to troubleshooting issues related to our Software and 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. These works are protected under copyright laws and international treaties, and all rights are reserved. Except as permitted in these Terms, 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.
10. Licensing
DayFive grants access to its Software and Services strictly under the conditions outlined in these Terms. 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 for the duration of your active subscription.
11. Changes to Our Site, App, and Services
We may update, modify, or enhance our Software, Site, App, and Services at any time. If we plan to implement a change that may materially impact your experience, we will provide advance notice whenever possible.
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. We will make reasonable efforts to perform maintenance during off-peak hours to minimize disruptions and provide advance notice where possible.
13. Your Content
Any content you upload, input, or exchange through our App, or Services 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, and enhancing the Software.
You are solely responsible for ensuring the accuracy of Your Content, correcting errors, implementing security measures, and confirming that you have the necessary rights to upload and share Your Content.
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. 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.
15. Limitation of Our Liability
To the maximum extent permitted by law, we are not liable for any Liability arising under or in connection with Third-Party Inputs, use or reliance on our Services, Software, or any content displayed on our Site or App, financial losses, business interruptions, or any indirect, special, or consequential loss or damage. Our aggregate liability in connection with these Terms will not exceed the total Fees paid by you during the Initial Period of your subscription.
16. Indemnification & Security Responsibilities
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, any violation of intellectual property rights or third-party rights, or any unauthorised, improper, or illegal use of our Software or Services by you or your Authorised Users.
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, damage or exploit our reputation, or falsely imply any association, approval, or endorsement from us where none exists.
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 laws, for illegal or fraudulent activities, to harm minors in any way, to transmit unsolicited communications, or to intentionally introduce malware or other malicious code.
19. Content Standards and Compliance
These content standards apply to all material uploaded, shared, or contributed to our Site or App. All Contributions must be accurate where they state facts, be genuinely held where they express opinions, and comply with all applicable laws. Contributions must not be defamatory, obscene, offensive, hateful, or otherwise inappropriate, and must not violate the intellectual property rights of any party.
20. Suspension and Termination
We reserve the right, at our sole discretion, to determine whether a breach of these Terms has occurred and to take appropriate action, including immediate, temporary, or permanent withdrawal of your access to our Site, App, or Services.
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.
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.
23. Data Protection, Retention, and Compliance
We are committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) as implemented in the UK and EU, the California Consumer Privacy Act (CCPA), and the Payment Card Industry Data Security Standard (PCI DSS) for secure payment processing.
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.
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. 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. All currency conversions are calculated using the daily spot exchange rate provided by Bloomberg.
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.
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.
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.
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 in good faith.
27.5 Entire Agreement: These Terms constitute the entire agreement between you and us, replacing any previous agreements, assurances, or understandings.
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.
27.7 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.
27.8 Survival of Obligations: Termination or expiry of these Terms does not affect any rights, obligations, or liabilities accrued before the termination date.
Appendix — Definitions
"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.eu.
"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.
"Your Content" – Any data, files, or materials uploaded or generated by users within the Software.
"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.
"Support Services" – Technical assistance and troubleshooting provided under the subscription.
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