1. Introduction:
These Terms and Conditions ("Terms") govern your use of the Falcos SaaS digital invoicing platform (the "Service" by Falcos, Provided by Sales Magnet Holdings Limited ("Falcos", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you are not permitted to use the Service.
2. Account Registration
1.1 Account Creation: To access the Service, you are required to create an account. You agree to provide accurate, current, and complete information during the registration process and update such information as necessary to ensure its accuracy and completeness.
2.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You assume full responsibility for all activities that occur under your account. If a security breach occurs due to your failure to safeguard your credentials, you will be held liable for any resulting damages or unauthorised activities. You must notify Falcos immediately if you become aware of any unauthorised access or use of your account or any other security breach.
3. Use of Service
3.1 License: Subject to these Terms, Falcos grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes.
3.2 Prohibited Activities: You agree not to engage in the following prohibited activities:
Use the Service for any unlawful purpose or in any manner that violates these Terms.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Interfere with or disrupt the Service or any servers or networks connected to the Service.
Use any robot, spider, or other automated device, process, or means to access the Service for any purpose.
Use the Service to sell or promote products or services that are restricted or prohibited under Stripe's Restricted Businesses policy, including but not limited to illegal products, adult content, weapons, gambling, and regulated products. For a comprehensive list of restricted products and services, please refer to Stripe's Restricted Businesses policy: https://stripe.com/gb/legal/restricted-businesses.
3.3 Customer Liability: You acknowledge that you, as a customer of Falcos, bear sole responsibility for any invoices processed through the Service in transactions between you and your customers. You are liable for all fees, disputes, chargebacks, and other billing-related issues arising in connection with invoices you raise for your customers. Falcos assumes no responsibility or liability for any payments made through the Service, as such transactions are strictly between you and your customers. It is your responsibility to ensure compliance with all applicable laws and regulations when using the Service.
4. Intellectual Property
4.1 Ownership: The Service, including all intellectual property rights therein, is and shall remain the exclusive property of Falcos.
4.2 Feedback: If you provide any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you hereby grant Falcos a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into the Service.
5. Payment
5.1 Fees: You agree to pay all fees and charges associated with your use of the Service in accordance with the pricing and payment terms provided by Falcos.
5.2 Taxes: You are responsible for all applicable taxes, including sales, use, and value-added taxes, in connection with your use of the Service.
6. Right to Terminate
5.1 Termination Process: Falcos reserves the right to initiate a two-stage process before terminating your access to the Service:
Stage 1: Flagged for Review and Suspension: Your account may be flagged for review and temporarily suspended if we detect suspicious activity or potential violations of these Terms. During this period, Falcos will conduct a thorough review of your use of the Service and the nature of your business. This review will be completed within three (3) business days of your account being flagged. Depending on the outcome of the review, your access to the Service may be reinstated or proceed to termination.
Stage 2: Termination: If, after the review, it is determined that you have breached these Terms or engaged in activities that are harmful to the Service or other users, your access will be terminated. Falcos will provide notice of termination and allow you thirty (30) days to transition off the Falcos platform.
5.2 Effect of Termination: Upon termination of your access to the Service, all rights and licenses granted to you under these Terms will immediately terminate, and you must cease all use of the Service.
7. Disclaimer of Warranties
7.1 As Is: The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 No Guarantee: Falcos does not guarantee that the Service will be uninterrupted, secure, or error-free, nor does it guarantee that any defects will be corrected.
8. Limitation of Liability
8.1 Exclusion: Under no circumstances shall Falcos be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, arising out of or in connection with your use of the Service.
8.2 Total Liability: In no event shall Falcos's total liability to you for all damages exceed the amount you have paid to Falcos for the Service during the twelve (12) months immediately preceding the event giving rise to the liability.