End User Licence Agreement
(EULA, or Licence) for Synapse Media Technologies Limited
PLEASE READ CAREFULLY BEFORE ACCESSING ANY SOFTWARE FROM THIS WEBSITE:
This Licence is a legal agreement between you (Licensee or you) and Synapse Media Technologies Limited of 271 High Street, Berkhamsted HP4 3AA (Synapse, Licensor, us or we) for:
Synapse’s computer software made available via the Synapse.media wesite (Site) in respect of its platform services (Software), including any information or correspondence generated from the Software
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
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- BY CLICKING ON THE “ACCEPT” BUTTON BELOW, HAVING CLICKED “SIGN UP”, “REGISTER” OR “LOG IN” YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH SYNAPSE MEDIA TECHNOLOGIES LIMITED AND AGREE TO THE TERMS OF THIS LICENCE, EVEN IF YOU ARE USING OUR SERVICES ON BEHALF OF A COMPANY. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 13.
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- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST CLICK ON THE “REJECT” BUTTON BELOW AND YOU MAY NOT DOWNLOAD OR ACCESS THIS SOFTWARE
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- IF YOU ACCEPT THESE TERMS YOU ARE BOUND BY THIS LICENCE.
You should print a copy of this Licence for future reference.
This agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.
1. GRANT AND SCOPE OF LICENCE
1.1. In consideration of your agreement to abide by the terms of this Licence and your continued payment of the Subscription Fees, we grant to you a non-exclusive, non-transferable licence to use the Software on the terms of this Licence for the duration of you being a Paid Subscription Account user.
1.2. You may:
(a) download, install or access the Software via a browser and use the Software for your internal business purposes only:
i. on devices (desktop computers, laptops, tablets and mobile devices) operated by you (with adequate password protection, virus protection and other such security systems) if the Licence is a single-user licence or the Software is for single use; and
ii. if the Licence is a multi-user or network licence, paid for or administered centrally by your employer, by the number of users agreed and in accordance with your employer’s IT security policy relating to the use of personal or company-owned devices for work purposes.
(b) receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
2. PAID SUBSCRIPTION ACCOUNTS
2.1. The Software will be licenced to you in accordance with the terms of this agreement, with varying features and extra services available, depending on the type of Paid Subscription Account you choose to purchase from us.
2.2. Paid Subscription Accounts include, amongst other tiers we may choose to make available from time to time, the: (i) Starter Account; (ii) Growth Account; (each a Paid Subscription Account). Further details of the Subscription Fees, features and extra services offered to you in connection with each level of Paid Subscription Account can be found in the Paid Subscription Account table, annexed to this agreement.
2.3. From time to time, we may also offer special promotional plans, content or memberships, including free trials of Paid Subscription Accounts for a trial period of 14 days (Trial Period) without payment (Trial Account). By using the Software via a Trial Account, you must agree to these terms and conditions.
2.4. Each Trial Account will be made available in connection with the particular Paid Subscription Account that you choose to subscribe for at the point of commencing the Trial Period and we will require your payment details to activate the Trial Account. By providing such details, you agree that we may automatically begin charging you for the relevant Paid Subscription Account you chose to subscribe for on the first day following the end of the Trial Period. Such payment will be billed either on a recurring Monthly Subscription basis or an Annual Subscription basis, subject to you not cancelling the Trial Account prior to the end of the Trial Period pursuant to clause 14.3. You may opt to subscribe on an Annual Subscription basis at any time during or after the Trial Period, by logging into your Paid Subscription Account via the Site and following the prompts on the account page.
2.5. Trial Accounts will only be available to users who have not already held a Trial Account or Paid Subscription Account in the past. In addition to the requirement of being a new user, to the extent permitted by applicable law, we reserve the right to modify, suspend or terminate a Trial Account at any time and for any reason by notice to you and with no liability or commitments for future Paid Subscription Accounts.
2.6. If you cancel a Trial Account prior to the end of the Trial Period pursuant to clause 14.3, you will lose access to the Trial Account and the Software at the end of the Trial Period.
2.7. We reserve the right to modify the features and content we provide as part of our Trial Account or Paid Subscription Accounts from time to time and for any reason.
3. SUBSCRIPTION FEES AND COMMENCEMENT
3.1. Subject to payment of the Subscription Fees, this Licence shall come into force at the point at which you press the ‘accept’ button on first log in and continue thereafter, until the earlier of: (i) you giving notice in writing to terminate the Licence and/or disable your Trial Account or Paid Subscription Account; or (ii) us cancelling your Trial Account or Paid Subscription Account, either of which in accordance with the terms of this agreement.
3.2. The Subscription Fees payable in connection with each type of Paid Subscription Account can be found in the Paid Subscription Account table, annexed to this agreement and we offer the following payment options: (i) a monthly subscription basis (Monthly Subscription); or (ii) an annual subscription basis (Annual Subscription).
3.3. We may from time to time change the Subscription Fees in connection with any or all of the Paid Subscription Accounts, whether your Paid Subscription Account is billed as a Monthly Subscription or Annual Subscription, and we will communicate any such Subscription Fee changes to you in advance on reasonable notice. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. Subject to applicable law, by continuing to use the Software after the Subscription Fee change takes effect, you will have accepted the new Subscription Fees. If you do not agree to a Subscription Fee change, you can reject the change by cancelling your Paid Subscription Account, provided that such cancellation is made prior to the commencement of the next subscription period following the date of the Subscription Fee change going into effect.
3.4. Subject to cancellation of your Paid Subscription Account in accordance with this agreement, your Paid Subscription Account will automatically renew at the end of the relevant subscription period, whether you choose to subscribe on a Monthly Subscription or Annual Subscription basis. You will be billed on a recurring basis on the first day of each subscription period and you hereby authorise us to charge your payment method the then current Subscription Fees. In the event that you fail to pay any Subscription Fees in accordance with this clause 3.4, your Paid Subscription Account will be immediately suspended or cancelled, at our sole discretion.
3.5. If we discontinue providing the Software and/or any type of Paid Subscription Account prior to the end any pre-paid subscription period (whether such subscription period on a Monthly Subscription or Annual Subscription basis), we will refund you the pre-paid fees for the subscription period for any unused part of such period after such discontinuation, provided always that the discontinuation is not as a result of you breaching any of the terms and conditions contained herein. Your account and billing information must be up to date in order for us to refund you.
4. SERVICE DESCRIPTION
4.1. Synapse and our Site is a marketplace for the media community, who form our user base.
4.2. The Software is designed to allow our user base (as described in 3.6) to post content ideas, sometimes referred to as PR pitches or stories, or request content ideas, from each other.
4.3. The principal function of Synapse and our Site is to become a marketplace for content sharing, giving the media access to brands and corporate businesses and in turn giving them access to the media, networking, messaging and workflow tools to save our users time and give them far greater resources than currently available using current systems and methods.
4.4. In addition to the principal functions and services mentioned above in this clause 4, Synapse and the Site offers the following artificial intelligence software features (AI Features) for use by you:
(a) when those users referred to in clause 4.6(a) input their pitch, Synapse will utilise the AI Features to match a range of relevant journalists, to that pitch based on a score given to each journalist (based on their previous articles, job role, area of expertise and platform usage);
(b) when writing the pitch, those users referred to in clause 4.6(a), will be able to utilise the AI Features to craft the pitch in a style relevant and bespoke to the journalists that the pitch will be targeting. By way of example, the public relations, communications or media relations professional user would take the following steps: enter Input Material/pitch> receive story Output Material from our AI Feature, bespoke to the target journalist(s)> edit the Output Material as required> circulate to target journalist. Thus, meaning journalists will receive bespoke stories in the correct style and tone of voice not just pitches or press releases; and
(c) for journalists, they can select pitches which are relevant to them, and then use our AI Features to produce a number of bullet points or an article to a specific word count based on the pitch, in a certain writing style. To confirm, this AI Feature will not allow the journalist to write queries e.g. ‘make this focus on the data more’ and can only be used as a starting point meaning the user cannot train the system with their own requests and therefore add further risk of hallucination based on other users inputted data. Instead, the AI Features learn and adapt to each journalist’s respective use of the Site and editing, learning their respective writing style and thus producing bespoke Output Material for each journalist. Each journalist will have the ability to reset their interests and writing style, should they move into a new journalistic/reporting area.
4.5. To confirm, your use of the AI Features and our liability in connection with that use, shall be limited in accordance with clauses 5.2 and 13.3. It is our understanding, which Licensee acknowledges, that the Software we provide delivers value to all the user groups described in clause 4.6 below.
4.6. Principally, our user base defined as the media community includes (but is not limited to):
(a) public relations, communications and media relations professionals (whether agency, in-house or freelance);
(b) journalists, both staff, agency and freelance, to include:
i. print, online, video and broadcast;
ii. bloggers, vloggers, podcasters and other social media specialists or influencers; and
iii. those that support the functions of clause 34.6. (a) and clause 34.6. (b) in the course of planning, preparing content and other support functions that require access to PR content or journalist requests.
5. OUR RESPONSIBILITIES
5.1. We warrant that, subject to clauses 5.2, 6.14 and 6.15, the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in such service descriptions as we may provide users from time to time.
5.2. Synapse and our Site is a marketplace, allowing users to share and transmit information electronically. Accordingly;
(a) We are not responsible for any user generated content on that is accessible via our Software. By using our Software, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for any such misuse of our Software.
(b) You use our Software at your own risk.
(c) You are responsible for all content you upload, share or choose to work with on our Software.
(d) We do not systematically audit or moderate user content but may from time to time inspect or investigate user content as we see fit.
(e) We do not endorse nor favour one user’s content above another’s.
(f) Your name and email address are visible to other users, specifically PR users if you are a journalist and journalist users if you are a PR. You cannot remove this information unless you disable your profile. All other information you choose to add into your profile can be managed by you as the user directly and in the same way will be visible to other users.
(g) You cannot use the Software anonymously.
(h) Subject to clauses 3.5 and 8.3, we may change, suspend or discontinue our Software at any time for any reason.
(i) Our working hours are 9am to 5.30pm, Monday to Friday.
(j) Where you contact us and need technical support or guidance, we endeavour to respond to you within 24 working hours of receipt.
(k) We make no promises to store or keep showing any content that you have shared. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide or load onto the Software, except to the extent required by applicable law and/or as noted in our Privacy Policy.
(l) We are not liable nor is it our responsibility to migrate or delete data from a user account should this be required for any reason, including removing confidential information from the Software because you have left your organisation. It is the responsibility of the individual user and the owner of the confidential information to collaborate and remove information as required from specific user accounts.
(m) We reserve the right to deny or remove access to our Software for any reason we see fit.
(n) We reserve the right to limit the use of our Software, including limiting the access you have to the Software, your ability to share content, your ability to contact other users and other such functionality available on the Software.
(o) When using our AI Features you understand and agree:
i. Output Material may not be accurate, error free and may be susceptible to hallucinations, bias and other limitations of the AI Features and Software generally. You should not rely on Output Material from our AI Features and the Software generally as a sole source of truth or factual information;
ii. you must review all Output Material for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing such Output Material;
iii. you must not use any Output Material relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them;
iv. you shall be solely liable for any and all Input Material and we shall have no liability in relation to the contents and use of such Input Material in connection with the Output Material and the AI Features generally;
v. the AI Features are provided via third party service providers and thus shall be provided on an “as is” basis. We make no guarantees, representations and/or warranties in respect of the availability/uptime of the AI Features, we shall not be responsible for any virus, worms or any other harmful code in the AI Features as a result of the third party service providers acts and/or omissions, nor do we endorse any such third party providers in any way; and
vi. in addition to the terms of this Licence, your use of the AI Features will be subject to the relevant third party service providers’ own terms and conditions of use and you shall be responsible for independently reviewing those terms and conditions and compliance with those terms.
6. YOUR RESPONSIBILITIES
6.1. You agree that you will adhere to our fair use policy, as follows:
(a) You shall not overload the Software with irrelevant information, in any form, nor place unreasonable load on the Software.
(b) As a user, you agree you are responsible for the quality of information on the Software and agree to make adequate efforts to ensure the content you share is of good quality.
(c) You can only have one login to Synapse and access the Software as PR or Journalist, not both. If you are a PR but also write as a blogger for example, you will only be given PR access not Journalist access.
(d) You shall not spam or systematically send pitches or requests to other users in mass bulk – the Synapse marketplace and our Site operates so that any such actions are unnecessary.
(e) You will use the information available on the Software to make informed decisions on who to target with your content.
(f) You will not upload information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.
(g) If you leave your organisation, you agree to adhere to your organisation’s confidential information clauses and remove confidential information from our Software as required by the owner of that information.
(h) You shall not abuse or game the Software or override any security feature in any way that circumvents the aims or objectives of the Software of limits its use – for example, by posting multiple exclusive pitches for the same idea.
(i) You shall provide accurate information on your profile and elsewhere on the Software and keep it updated, including but not limited to billing information so as to enable the processing of Subscription Fee payments when due.
(j) You shall use your real name, job title and genuine organisations on your profile and not create false profiles or profiles for anyone else.
(k) You shall not disclose information that you do not have the consent to disclose, such as confidential information of other users and/or their employers or clients.
(l) You shall not violate the intellectual property rights of others, including confidential pitches, messages, embargoed pitches or press releases, off the record conversations, copyrights, patents, trademarks, trade secrets or other like proprietary rights. For example, you must not copy or distribute private pitches, messages or private requests without the consent of the other user.
(m) You shall not share your log in details with any other person nor give access to the Software to any other person or allow them to use your log in details for any reason.
6.2. You acknowledge and agree that content you upload to the Software is not treated as confidential.
6.3. You are wholly responsible for content or information you upload or share via our Software.
6.4. You are responsible for adhering to your organisation’s and your own personal standards for IT security, including locking devices with secure passcodes and changing your passcodes/passwords regularly.
6.5. You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
6.6. You agree that your devices are technically compatible with the Software and it shall not harm our or another user’s network or equipment.
6.7. You shall not post or upload anything to the Software that contains virus, worms or any other harmful code.
6.8. You agree to make sure you are adequately protected against viruses and other breaches of security.
6.9. You will not permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with our Software or any content we provide.
6.10. You will not develop or use other support or software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Software or otherwise copy profiles and other data from the Software.
6.11. You will not monitor the Software’s availability, performance or functionality for any competitive purpose.
6.12. You shall make us aware of any breaches of this Licence or any other infringement via support@synapse.media
6.13. You agree the Software will not be used by you:
(a) in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights or our Fair Use Policy (at clause 6.1);
(b) fraudulently or in connection with a criminal offence or in any way that is unlawful; and
(c) to send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive.
6.14. When using the Site, you may provide input to the AI Features (Input Material), and receive output from the AI Features based on the Input Material (Output Material). Input Material and Output Material are collectively referred to herein as “Content.” You are responsible for all Content, including ensuring that it does not violate any applicable law, this licence or any third party service provider terms and conditions (as referred to at clause 5.2(o)(vi)). You represent and warrant that you have all rights, licenses, and permissions needed to provide Input Materials to our AI Features.
6.15. When using our AI Features, you understand and agree that you cannot:
(a) use the AI Features and the Software generally in a way that infringes, misappropriates or violates anyone’s rights;
(b) automatically or programmatically extract data or Output Material; and
(c) represent that the Output Material was human-generated when it was not.
7. INTERNET ACCESS
The Software is accessible via the internet and therefore you understand and agree that the use of the internet is at your own risk.
8. SERVICE AVAILABILTY
8.1. Subject to clauses 3.5 and 8.3, we may change, suspend or discontinue our Software at any time and for any reason.
8.2. We are not liable for any downtime, bugs (critical or otherwise) or errors related to our Software that may or may not affect its performance, resulting from internet or other service outages or failures that are caused by actions of government authorities, other third parties or events beyond our control.
8.3. In the event of complete Software downtime (meaning unavailability of the Software as a whole and not functions/constituent parts thereof) for a minimum continued downtime of no less than 5 days resulting solely and directly from our actions and/or omissions, and provided always that the cause of such downtime was in our sole and reasonable control, we will refund you an amount equating to such period of downtime, subject to you providing us with a written request (via email to support@synapse.media) for such refund. We shall only be liable to make any such refund provided that such downtime is not wholly or partially as a result of your or any third party’s actions and/or omissions. Any such refund amount due pursuant to this clause 8.3 will be deducted from the Subscription Fees owed by you in connection with your next subscription period.
9. MONITORING THE SOFTWARE
9.1. We may monitor and record communications you may have with us, including e-mails, messages and phone conversations. Information collected by us may be used for training purposes, quality assurance, to record details about the Software or shared content and to meet our legal and regulatory obligations.
9.2. Any information and data (including but not limited to personal data) included by you in: (i) the Content; (ii) any user profile; (iii) connection with use of the Site; and/or (iv) connection with use of the Software generally, shall not be used by any third party service provider of the AI Features, for the purposes of developing, training, fine-tuning or validating any AI system or model owned, operated and/or controlled in by that third party service provider. To confirm, the restriction herein shall not exclude or limit our use of any such information and data for the purposes of developing, training, fine-tuning or validating our Software (including but not limited to the AI Features).
10. CONSENT
You are able to opt in to receive marketing messages from us via electronic means, telephone and direct mail, if you subscribe to our newsletter within the Manage Alerts section of your Profile. You are opted out by default.
11. RESTRICTIONS
11.1. Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to copy the Software;
(b) not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Software;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing;
(e) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(f) to comply with all applicable technology control or export laws and regulations; and
(g) not use the Software via any communications network or by means of remote access.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Subject to clause 12.4, you acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
12.2. Trademarks and logos used in connection with the Software and any content we may provide are the trademarks of their respective owners. Synapse’s branding, service marks, graphics and logos are trademarks or registered trademarks of Synapse Media Technologies Ltd.
12.3. You acknowledge that you have no right to have access to the Software in source code form.
12.4. As between Synapse and Licensee, and to the extent permitted by any applicable laws, you: (a) retain your ownership rights in Input Material; and (b) own the Output Material. Subject to clause 12.5, we hereby assign to you all our right, title, and interest, if any, in and to Output Material.
12.5. Due to the nature of the AI Features and artificial intelligence generally, Output Material may not be unique and other users may receive similar Output Material from our AI Features. Our assignment at clause 12.4 does not extend to other users’ Output Material or any third party owned materials contained within the Output Material.
13. LIMITATION OF LIABILITY
13.1. You acknowledge that the Software has not been developed to meet your individual requirements, including any cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements.
13.2. We only supply the Software for internal use by your business, and you agree not to use the Software for any re-sale purposes.
13.3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation;
(f) any special, indirect or consequential loss, damage, charges or expenses;
(g) any loss or liability (of any nature but subject always to clause 13.4) incurred as a result of your use of the AI Features, including any and all Input Material and/or Output Material. This shall include (but not be limited to) any liability deriving from the use of any third party rights by you in the Input Material and/or Output Material; or
(h) any loss or liability (of any nature but subject always to clause 13.4) incurred as a result of your breach of any third party service provider terms of service, in connection with the AI Features as referred to in clause 5.2(o)(vi).
13.4. Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by English law.
13.5. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
13.6. The AI Features are provided via third party service providers and thus is provided on an “as is” basis and your use shall be subject to that relevant third party service provider’s terms of service. You accept and agree that any use of Output Materials from our AI Features is at your sole risk and you will not rely on Output Material as a sole source of truth or factual information, or as a substitute for professional advice.
14. TERMINATION
14.1. Subject to clause 3.5, we may terminate this Licence at any time or for any reason (including but not limited to your failure to pay the Subscription Fees in accordance with clause 3.4), with immediate effect. For the avoidance of any doubt, in the event that we terminate this Licence prior to the end of any relevant subscription period as a result of your actual breach (or us having reasonable grounds for believing you have breached) any of the terms and conditions contained herein, you will not be entitled to any refund (in whole or in part) of any Subscription Fees that you have already paid in connection with the remaining term of that relevant subscription period.
14.2. On termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately cease all activities authorised by this Licence; and
(c) you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of information derived from the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
14.3. You may cancel your Paid Subscription Account at any time by logging into your Paid Subscription Account via the Site and following the prompts on the account page. Unless otherwise indicated, cancellation will take effect from the end of the relevant subscription period in which you notify us of your intention to cancel the Paid Subscription Account. Subject to the generality of the foregoing, we do not provide refunds for any partial subscription periods.
15. COMMUNICATIONS BETWEEN US
15.1. We may update the terms of this Licence at any time on notice to you in accordance with this clause 15. Your continued use of the Software following the deemed receipt and service shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the Software on the deemed receipt and service of the notice.
15.2. If we have to contact you, we will do so by email.
15.3. Note that any notice:
(a) given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, and;
(b) given by you to us will be deemed received and properly served 24 hours after an email is sent; and
(c) you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the documents we have provided then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
15.4. In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
(a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
17. OTHER IMPORTANT TERMS
17.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
17.2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
17.3. This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreement, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any document expressly referred to in it.
17.4. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
17.5. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.6. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
17.7. The Contract will not create any right enforceable by any party who is not you or us, (a “Third Party”) under the Contract (Rights of Third Parties) Act 1999 but this will not affect any right or remedy of a Third Party which exists or is available apart from that Act.
ANNEX – PAID SUBSCRITION ACCOUNT TABLE
| Paid Subscription Accounts | Starter Account | Growth Account |
| Best for: | In-house teams or freelancers working on a couple of clients | PR agencies or freelancers covering 5+ clients |
| First User Pricing: | £90 monthly; £912 annually | £125 monthly; £1272 annually |
| Additional Users: | £72 monthly; £720 annually | £100 monthly; £1008 annually |
| Features: | 5 monthly pitch uploads per user | Unlimited monthly pitch uploads per user |
| 5 monthly journalist requests per user | Unlimited monthly journalist requests per user | |
| 5 expert database listings per user | Unlimited expert database listings per user | |
| Full platform access: | Full platform access: | |
| Find relevant journalists with AI | Find relevant journalists with AI | |
| Respond to media requests | Respond to media requests | |
| Track real-time pitch data | Track real-time pitch data | |
| Live chat with journalists | Live chat with journalists |
all pricing excludes VAT
