Terms of Use

1 Who we are and what these Terms cover

1.1 These Terms of Use (the "Terms") govern the relationship between you and Netlance Limited, a private company incorporated under the laws of the Republic of Cyprus, with its registered office at Athalassis 54, Office 101, 2023 Strovolos, Nicosia, Cyprus ("Netlance", "we", "us" or "our").

1.2 They apply to your access to and use of our website and to any subscription-based software product or service we make available, together with all text, graphics, video, audio, software and other material available through it (together, the "Service" and the "Content").

1.3 By accessing or using the Service you enter into a legally binding agreement with us and confirm that you accept these Terms. Please read them before you use the Service. If you do not accept them, or you are not eligible to be bound by them, do not use the Service.

1.4 Our Privacy Policy — which includes our cookie notice — together with any product-specific or supplemental terms we publish, form part of these Terms and are incorporated into them by reference.

1.5 If you are using the Service as a consumer — for purposes outside your trade, business, craft or profession — you have rights under mandatory consumer protection law that these Terms cannot reduce. Where anything here conflicts with those rights, your statutory rights prevail.

2 The Service

2.1 Netlance develops and operates consumer-facing subscription software products. Individual products are offered under their own names and may carry their own supplementary terms; where they do, those terms form part of your contract for that product and prevail over these Terms to the extent of any conflict.

2.2 The main characteristics, price, billing frequency and minimum duration of any paid product are presented to you before you complete a purchase, and confirmed to you in writing afterwards.

2.3 We may modify, update or improve the Service over time. Where we withdraw a paid product or materially reduce its functionality during a period you have already paid for, you are entitled to a refund of the unused portion of that period, and we will tell you before the change takes effect where it is reasonably practicable to do so.

2.4 Availability. The Service may be interrupted or temporarily unavailable for maintenance, upgrades, or reasons outside our control. We aim to keep such interruptions short and, for planned work affecting paid products, to give notice.

2.5 Your equipment and connectivity. You are responsible for obtaining and paying for the device, software and internet or mobile connection you need to use the Service, including any data, roaming or airtime charges your provider applies.

2.6 Support. Where a product includes customer support, the channels, languages and hours are described within that product, and that description is the extent of what we commit to. Help we give outside those channels — for example as a goodwill gesture — is discretionary: it does not create an ongoing entitlement, and it does not set a service level we are bound to repeat. This does not limit anything in clause 8, and it does not apply to enquiries about billing, cancellation, your withdrawal right, a complaint, or your statutory rights, which are always handled through the contact details in clause 23.

2.7 Beta and preview features. We may label a feature as beta, preview or experimental. Those features are provided for you to try, may change or be withdrawn, and are not covered by the availability expectations in this clause. We will not charge you separately for a feature while it carries that label.

3 Eligibility and accounts

3.1 You must be at least 18 years old and have the legal capacity to enter into a contract with us. The Service is not directed at children, and we do not knowingly provide it to anyone under 18.

3.2 Where an account is required, you are responsible for keeping your credentials confidential and for activity carried out under your account. Tell us promptly if you believe your account has been used without your authorisation.

3.3 The information you give us when registering or purchasing must be accurate, current and complete, and you must keep it up to date.

3.4 If information you provide is untrue, inaccurate or incomplete, or if we are unable to verify it, we may decline to provide, or continue to provide, the Service to you. Where you have paid for a period you can no longer use for this reason and the inaccuracy was not deliberate, we will refund the unused portion.

3.5 Dormant accounts. If an account has no active subscription and has not been used for 24 months, we may close it and delete the data associated with it, in line with the retention periods in our Privacy Policy. We will email you at least 30 days beforehand so you can sign in, or ask for a copy of your data, first.

4 Subscriptions, prices and billing

4.1 Paid products are supplied on a recurring subscription basis. The price, currency, billing period and date of your first charge are shown to you before you confirm the purchase.

4.2 Automatic renewal. Unless you cancel before the end of the current billing period, your subscription renews automatically for a further period of the same length, and you authorise us or our payment processor to charge your saved payment method at the price then in force for that renewal.

4.3 Price changes. We will not change the price of an ongoing subscription without telling you first. We will give at least 30 days' notice before a changed price applies to a renewal, and you may cancel before it takes effect. If you do not cancel, the new price applies from the next renewal.

4.4 Taxes. Prices shown to consumers include value added tax or equivalent sales tax where we are required to charge it. Where tax depends on your location, the applicable rate is shown before you confirm the purchase.

4.5 Failed payments. If a payment fails we may retry it, and we may suspend access to paid features until payment succeeds. We will tell you if this happens.

4.6 How charges appear. Charges appear on your statement under the descriptor shown to you at checkout. If you do not recognise a charge, contact us using the details in clause 23 before disputing it with your bank — we can usually resolve it faster.

4.7 Currency conversion. We charge in the currency shown at checkout. If that is not the currency of your payment method, your bank or card issuer performs the conversion at its own rate and may add a foreign transaction fee. Those costs are set by them, not by us, and we do not receive any part of them.

4.8 Receipts. We issue a receipt or invoice for every charge to the email address on your account. If you need a copy, or need one reissued with different billing details, ask us using the contact details in clause 23.

5 Free trials and introductory offers

5.1 Where we offer a free trial or discounted introductory period, we tell you before you sign up: how long it lasts, what happens when it ends, the price that will apply afterwards, and how to cancel.

5.2 Unless you cancel before the trial or introductory period ends, the subscription continues automatically at the standard price and your payment method is charged.

5.3 We will send you a reminder before the first charge following a free trial, so you have a fair opportunity to cancel.

5.4 Trials and introductory offers are limited to one per person and per payment method unless we say otherwise.

6 Your right to cancel (14-day withdrawal)

6.1 If you withdraw in time, we refund all payments received from you without undue delay and no later than 14 days after we are informed, using the same means of payment you used, at no cost to you.

6.2 If you ask us to start straight away. Digital products are typically made available immediately. If you ask us to begin supplying the Service during the 14-day period, you can still withdraw, but:

• for a service or subscription, you must pay a proportionate amount for what was supplied up to the moment you told us you were withdrawing; and
• for digital content supplied as a single download or unlock, you lose the right of withdrawal once supply has begun, but only if you gave your prior express consent to that and acknowledged at the time that you would lose the right. We ask for that consent and acknowledgement separately and explicitly at checkout; if we did not obtain it, your right of withdrawal is unaffected.

6.3 This right is in addition to, and does not replace, the cancellation and refund arrangements in clause 7 or your rights under clause 8.

Model withdrawal form

6.4 You are not required to use this form, but you may copy it, complete it and send it to us if you find it convenient:

7 Cancelling a subscription and refunds

7.1 You can cancel at any time. Cancellation is available in the account or subscription settings of the relevant product, without needing to contact us or explain your reasons. If that is unavailable for any reason, you can cancel using the contact details in clause 23 and we will action it.

7.2 Cancellation stops future renewals. It takes effect at the end of the billing period you have already paid for, and you keep access until then.

7.3 Beyond the withdrawal right in clause 6 and the remedies in clause 8, we do not generally refund the unused part of a period that has already begun. This does not affect clause 2.3 or clause 3.4, and it does not affect any refund we are required to give you by law.

7.4 Where we owe you a refund, we pay it to the original payment method within 14 days of establishing that it is due.

7.5 If you bought a subscription through a third-party app store, that store's cancellation and refund process applies and you may need to cancel there. We will help where we can.

8 Our obligations and your statutory rights

8.1 We will supply the Service with reasonable care and skill, and we will make it available in conformity with the description, quantity, quality and functionality that we have told you to expect.

8.2 If something is wrong. If the Service does not conform to what was agreed, you are entitled under EU law on the supply of digital content and digital services to have it brought into conformity, and — where that is not done within a reasonable time, is impossible, or the defect is serious — to a proportionate price reduction or to terminate the contract and receive a refund. Tell us and we will deal with it.

8.3 Aside from the commitments above and any mandatory statutory guarantees, and to the extent permitted by law, the Service is provided as it stands. In particular, we do not promise that it will be uninterrupted, timely, secure or error-free; that defects will be corrected; that it will be free of harmful components; that results obtained from it will be accurate or reliable; or that it will meet a requirement or achieve an outcome you have not told us about and we have not agreed.

8.4 Any implied warranties or conditions that the law allows us to exclude — including implied terms as to title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose — are excluded to that extent.

8.5 Nothing in this clause limits the rights you have as a consumer that cannot be limited or excluded by agreement. Some jurisdictions do not permit the exclusion of certain warranties, so parts of this clause may not apply to you, and you may have additional rights that vary by jurisdiction.

9 Intellectual property

9.1 The Service and its Content — text, images, marks, logos, data, software, and the collection, arrangement and assembly of information within it — belong to Netlance or its licensors and are protected by copyright, trade mark and other intellectual property laws. We reserve all rights not expressly granted.

9.2 We grant you a limited, non-exclusive, non-transferable, revocable licence, without the right to sublicense, to use the Service for your own personal, non-commercial purposes, for as long as your subscription or permitted access continues and subject to these Terms.

9.3 Except as these Terms expressly permit, any reproduction, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of the Service or Content is prohibited. Providing the Service transfers no right, title or interest in our intellectual property to you or to anyone else.

10 Your content

10.1 Any information, data, text or other material you submit to the Service ("Your Content") remains yours. We claim no ownership of it.

10.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and display Your Content, to the extent and for as long as necessary to operate the Service and provide it to you, and as described in our Privacy Policy. If a product allows you to publish content so that others can see it, the licence extends to displaying it in that way for that purpose. We do not sell Your Content or use it to advertise to others.

10.3 You are responsible for Your Content, including that you hold the rights necessary to submit it and that it does not infringe anyone else's rights or break the law.

10.4 We do not routinely monitor or pre-screen content submitted by users, and we do not guarantee the accuracy, quality or suitability of content submitted by anyone other than us. Where a product allows interaction between users, those interactions are between the users concerned; we are not a party to them and are under no obligation to become involved in a dispute between users, though we may act where content breaches clause 11.

10.5 We may retain copies of Your Content as needed to operate the Service, resolve disputes, or comply with a legal obligation, in line with the retention periods in our Privacy Policy.

10.6 Feedback. If you send us a suggestion, bug report or idea about the Service, we may use it without restriction and without owing you payment, credit or confidentiality. This applies only to feedback about our own products — it does not give us any right to your business information or to material you send us for another purpose.

11 Acceptable use

11.1 You agree that you will not use the Service for any purpose other than that for which we make it available, and not in connection with any commercial venture unless we have approved it in writing.

11.2 You agree not to:

• use the Service unlawfully, or in a way inconsistent with any applicable law or regulation;
• make any unauthorised use of the Service, or attempt to access accounts, systems or data that are not yours;
• modify, adapt, translate or create derivative works from the Service, or decipher, decompile, disassemble or reverse engineer any part of it, except to the extent the law expressly permits;
• systematically retrieve content in order to build a collection, compilation, database or directory, without our written permission;
• use any automated means — including bots, scripts, spiders, scrapers or offline readers — to access the Service, or send automated queries or unsolicited commercial messages through it;
• upload or transmit viruses, worms, trojans, corrupted files or any other code intended to damage or disrupt software, hardware or data;
• circumvent, disable or interfere with security features, or attempt to bypass measures that restrict access to any part of the Service;
• interfere with, disrupt or place an undue burden on the Service or the networks and systems connected to it;
• make the Service available over a network, or otherwise share access, so that multiple users or devices can use a single entitlement at the same time;
• use the Service, or our proprietary information, interfaces or intellectual property, to design, build or distribute a product, service or software that competes with or substitutes for the Service;
• publish or transmit through the Service content that is unlawful, defamatory, harassing or deceptive, that impersonates another person, or that uses our name, trade marks or branding to mislead others about your relationship with us or to pass your own material off as ours;
• frame, mirror or deep-link to the Service without our permission; or
• otherwise breach these Terms.

11.3 Honest criticism is not a breach. Nothing in clause 11.2 restricts your right to review, criticise or complain about us or the Service, publicly or privately, favourably or not. That bullet is limited to conduct that is unlawful in its own right — for example a knowingly false statement of fact presented as true, impersonation, or misuse of our trade marks. We will never make withdrawal of an honest review a condition of support, a refund, a renewal, or continued access to the Service.

11.4 We may investigate suspected breaches and take proportionate action, including the steps in clause 14.

12 Third-party links, advertising and services

12.1 The Service may contain links to third-party websites, resources, or advertisements, and may integrate with platforms operated by others. These are not under our control. We provide them for convenience and do not review, endorse or make representations about them, and information they present may be inaccurate or out of date.

12.2 When you follow a link or use an integrated third-party service, that provider's own terms and privacy practices apply. Any transaction or dealing you have with a third party — including payment for and delivery of their goods or services — is between you and them. We recommend you make whatever checks you consider appropriate before proceeding.

12.3 To the extent permitted by law, and subject to clause 15.1, we are not responsible for loss or damage arising from your use of a third-party website, resource or advertisement reached through the Service, or from your dealings with the third party operating it.

13 Payments and payment providers

13.1 Card and other payments are processed by third-party payment service providers. We do not receive or store your full card number on our own systems.

13.2 Our payment providers are contractually required to maintain PCI DSS compliance appropriate to the services they perform for us, and may apply automated fraud and risk screening to a transaction. If a payment is declined on that basis, contact us and a person will review it.

13.3 Where a payment is made through a third-party app store or platform, that platform's payment, renewal and refund rules also apply to your purchase.

14 Suspension and termination

14.1 We may suspend or terminate your access where you materially breach these Terms, where we are required to by law, or where it is necessary to protect the Service, other users or our providers from harm or fraud.

14.2 Unless the law prevents us, or doing so would prejudice an investigation, we will tell you why and give you an opportunity to put things right where the breach can be remedied.

14.3 If we terminate for a reason that is not your fault, we refund the unused portion of any period you have paid for.

14.4 You may stop using the Service at any time; cancellation of a paid subscription is dealt with in clause 7.

15 Liability

15.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded — including your mandatory rights as a consumer.

15.2 Subject to clause 15.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or of our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

15.3 Subject to clause 15.1, we are not liable for indirect, consequential, incidental, special, exemplary or punitive loss, or for loss of profit, revenue, data, goodwill or anticipated savings, however arising.

15.4 Subject to clause 15.1, we are not liable for business losses. If you use the Service for any commercial or business purpose, we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

15.5 Subject to clause 15.1, and to the extent permitted by law, we are not responsible for damage to your device, loss of data, or other harm resulting from your access to or use of the Service, or from reliance on information obtained through it. You are responsible for keeping your own backups and for maintaining appropriate security on your device.

15.6 Subject to clause 15.1, and where the law permits a cap to be agreed, our total liability arising out of or in connection with your use of a paid product will not exceed the greater of the amounts you paid us for that product in the 12 months before the event giving rise to the claim, or €100.

15.7 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so parts of this clause may not apply to you, and you may have other legal rights that vary by jurisdiction.

16 Indemnity

16.1 If you use the Service other than as a consumer, you agree to indemnify and hold harmless Netlance, its officers, directors, employees, agents, suppliers and licensors against any claim or demand brought by a third party, including reasonable legal costs, arising out of your use of the Service, Your Content, or your breach of these Terms.

16.2 We will notify you of any such claim once we become aware of it. We may, at your reasonable expense, take over the defence and control of a matter you are required to indemnify us for, and you agree to cooperate with that defence. Neither party will settle a claim in a way that imposes an obligation or admission on the other without that party's prior written consent.

16.3 If you are a consumer, this clause does not apply to you, and nothing in it affects your statutory rights. You remain responsible for loss you cause us through your own breach of these Terms, to the extent the law provides.

17 Complaints and dispute resolution

17.1 If you are unhappy with the Service or with a charge, contact us first using the details in clause 23. We aim to acknowledge complaints within 5 working days and to give a substantive response within 30 days.

17.2 If we cannot resolve it between us, you may refer the matter to the Consumer Protection Service of the Ministry of Energy, Commerce and Industry of the Republic of Cyprus, or to the competent consumer protection authority or alternative dispute resolution body in your own country of residence.

17.3 Using our complaints process is not a condition of your right to bring proceedings, and it does not shorten any legal time limit.

18 Arbitration and class action waiver (United States only)

18.1 Agreement to arbitrate. Except as set out below, you and Netlance agree that any dispute or claim arising out of or relating to these Terms, the Service, or our Privacy Policy will be resolved by final and binding individual arbitration rather than in court. You acknowledge that this means you are giving up the right to a trial by jury and to have your claim decided by a judge, and that rights available in court — such as broad discovery and appeal — may be more limited in arbitration.

18.2 Class action waiver. You and Netlance each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If this specific provision is held unenforceable, the whole of this clause 18 is void.

18.3 Notice before arbitration. A party intending to seek arbitration must first send the other written notice describing the basis of the claim and the specific relief sought. Notice to us must be sent to our registered office address in clause 23, by courier with tracking, or by email to the address in clause 23. If the claim is not resolved by agreement within 30 days of that notice being received, either party may begin arbitration or, where the claim qualifies, file an individual claim in small claims court.

18.4 Administration and procedure. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes, as modified by these Terms. Information about arbitration and the applicable rules and forms is available at adr.org. Proceedings will be conducted in English before a single independent arbitrator, on the basis of written submissions and, where a hearing is needed, remotely — no personal appearance is required unless both parties agree otherwise in writing. Judgment on the award may be entered in any court of competent jurisdiction.

18.5 Costs. Where you are required to pay a filing fee to begin arbitration against us and your claim is for less than USD 1,000 and is not brought in bad faith, we will reimburse the confirmed filing fee on receipt of evidence of payment.

18.6 Exceptions. This clause does not apply to a claim in which either party seeks injunctive or other equitable relief to protect its copyrights, trade marks, patents or other intellectual property rights, nor does it prevent either party from reporting a matter to a regulator or other public authority.

18.7 Time limit. Any claim arising out of or relating to these Terms or the Service, other than a claim for indemnification, must be commenced within one year after it accrues, to the extent that such a limit is enforceable where you live. The 30-day notice period in clause 18.3 counts within that year.

18.8 Your right to opt out. You may reject this clause 18 by sending us signed written notice, containing enough detail to identify you, within 30 days of first using the Service, to the email or postal address in clause 23. Opting out does not affect any other part of these Terms. If we later make a material change to this clause, you may reject that change by written notice within 30 days, in which case the version in force before the change continues to apply to you.

18.9 If this clause 18 is found unenforceable in whole, disputes will be resolved under clause 19.

19 Governing law and jurisdiction

19.1 These Terms are governed by the laws of the Republic of Cyprus.

19.2 If you are a consumer, this choice of law does not deprive you of the protection of any mandatory consumer law of the country in which you habitually reside, and you may bring proceedings in the courts of that country. We may bring proceedings against you only in the courts of the country in which you reside.

19.3 If you are contracting other than as a consumer, and subject to clause 18 where it applies, the courts of Nicosia, Cyprus have exclusive jurisdiction, and you submit to the jurisdiction and venue of those courts.

20 International use and sanctions

20.1 The Service is operated from the Republic of Cyprus. We make no representation that it is appropriate or available for use in any particular jurisdiction, and accessing it from a territory where doing so would be unlawful is prohibited. You access the Service on your own initiative and are responsible for complying with the laws that apply where you are.

20.2 You confirm that you are not located in, or a national or resident of, a jurisdiction subject to comprehensive sanctions or embargo administered by the European Union, the United Nations, the United States or another applicable authority, and that you are not named on any list of prohibited, restricted or sanctioned parties maintained by those authorities.

21 General terms

21.1 No waiver

If we delay or fail to enforce a right under these Terms, that is not a waiver of it, and it does not prevent us from enforcing that right or any other right later.

21.2 Severability

If any provision of these Terms is found invalid or unenforceable, the rest remain in full force. The affected provision will be read down, or replaced, so far as possible to reflect what the parties intended within the limits the law allows.

21.3 Entire agreement

These Terms, together with the documents incorporated by clause 1.4 and any product-specific terms, set out the whole agreement between you and us on their subject matter and replace any earlier understanding on it. This does not exclude liability for fraudulent misrepresentation.

21.4 Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to another company — for example on a reorganisation, merger or sale of the business — provided your rights under these Terms are not reduced. We will tell you if that happens, and you may cancel a paid subscription without penalty if you object.

21.5 Electronic communications

You agree that we may communicate with you electronically, and that notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. Where you confirm a purchase or accept these Terms by selecting a button or checkbox, that action constitutes your agreement and has the same effect as a signature. You may always ask us for a durable copy of your contract terms.

21.6 Events outside our control

We are not liable for failure or delay in performing our obligations to the extent it is caused by an event outside our reasonable control. If such an event occurs, we will tell you and, where a paid product is unavailable for a prolonged period as a result, refund the unused portion or agree an extension with you.

21.7 Survival

Clauses that by their nature should continue after your use of the Service ends — including clauses 9, 10, 15, 16, 18, 19 and 21 — continue to apply.

21.8 No third-party rights

These Terms are between you and us. Nobody else may enforce them, and we do not need anyone else's consent to vary or cancel them.

21.9 Language

These Terms are concluded in English. Where we provide a translation, the English version prevails in the event of a conflict, except where the law of your country of residence provides otherwise.

22 Changes to these Terms

22.1 Material changes. Where a change materially affects your rights or obligations under an ongoing subscription — the price, the billing cycle, the substance of what you receive, or the remedies available to you — we will notify you directly, at least 30 days before it applies to you, and you may cancel without penalty before it takes effect.

22.2 Everything else. Other changes — correcting an error, clarifying wording, describing a new or changed feature, or an update required by law or by a payment provider or app store — take effect when we publish the revised Terms, and the "Last updated" date at the top of this page changes. For changes of that kind you agree that publication is sufficient notice and that we are not required to contact you individually about each one. Continuing to use the Service after publication means the revised Terms apply to you.

22.3 If you do not accept a change, you may stop using the Service and, for a paid subscription, cancel under clause 7.

22.4 We keep previous versions of these Terms and will provide one on request.

23 Contact and notices

23.1 For questions about these Terms, to cancel, to withdraw under clause 6, to make a complaint, to opt out under clause 18.8, or to serve a legal notice:

23.2 We may contact you at the email address associated with your account or purchase. Please keep it current.