Soltyx Service Terms
Version 1.0
These terms govern your use of Soltyx. They are made between:
DEVDANI LTD DEVDANI LTD, 124 City Road, London EC1V 2NX, United Kingdom - registered in England and Wales, company number 16744168
- "we", "us", the "provider" -
and you, the business that holds this Soltyx account, identified by the account itself and by the legal details recorded in it.
These terms are for businesses. Soltyx is not offered to consumers.
1. The service
We provide Soltyx, a hosted platform for running a business website: managing content, taking bookings and contact enquiries, selling courses, gift cards and subscriptions, sending email, and publishing to social networks. Which of those functions are switched on for your account is set out in your dashboard.
We provide the software and keep it running. You decide what your website says, what data you collect through it, and how you deal with your own customers.
2. Your account
You must give accurate details when your account is set up and keep them current. You are responsible for your login credentials and for everything done under your account.
You may invite team members. Anyone you give access to acts for you, and you are responsible for what they do. Only an account owner may accept these terms or any other agreement with us, and by accepting them that person confirms they are authorised to bind your business.
3. Your content
Everything you create or upload stays yours. You grant us only the licence we need to run the service for you: to store your content, serve it through your website and its API, transmit it to the providers listed at https://www.soltyx.app/subprocessors, and create backups.
You confirm that you have the rights to the content you upload, and that it does not infringe anyone else's rights or break the law.
4. Acceptable use
You may not use Soltyx to send unsolicited bulk email, to publish unlawful content, to attempt to breach the security of the service or of any other tenant, or to resell the platform itself to third parties.
We may suspend an account that is causing damage to the service or to others. Where it is reasonable to do so, we will tell you first and give you a chance to put it right. We will always tell you promptly afterwards.
5. Fees
Fees, the billing period and what is included are agreed with you separately and recorded in your account. Unless otherwise agreed, fees are payable monthly in advance and are quoted exclusive of any VAT that applies.
Payments your own customers make for your bookings, courses, gift cards and subscriptions are taken through your own Stripe account and are paid to you, not to us. We never hold your customers' money.
6. Your own legal duties
The website is yours, so the duties that attach to it are yours: your site notice, your privacy notice, your terms with your own customers, your consent banner where one is needed, and the lawfulness of the data you collect.
We build the functions the law requires and tell you plainly which of them are not built yet. What we do not do is decide what your website says or check that your business complies. Where a function you need does not yet exist, we will say so rather than let you assume it does.
7. Availability
We take reasonable care to keep the service available, but we do not promise uninterrupted availability. We may carry out maintenance, and will avoid busy periods where we reasonably can.
8. Term and termination
The agreement runs indefinitely. Either party may terminate at the end of any billing period by giving notice in writing. Either party may terminate immediately for good cause.
Terminating these terms also terminates the data processing agreement, and the reverse, so you are never left using the service without one in place.
After termination we make your data available for export for 30 days and then delete it, as set out in § 10 of the data processing agreement.
9. Changes to the service
We may develop the service and change how individual functions work. We will not materially reduce what you have paid for during a billing period you have already paid. Where a change materially disadvantages you, we will tell you at least 30 days in advance in writing, and you may terminate with effect from the date the change takes effect.
10. Liability
(1) Nothing in these terms excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
(2) Subject to paragraph (1), neither party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or any indirect or consequential loss.
(3) Subject to paragraph (1), our total liability arising out of or in connection with this agreement in any contract year is limited to the greater of twelve times the monthly fee applying when the liability arose and 5.000 EUR. Several claims arising from the same underlying set of facts count as one claim.
(4) These limitations also operate in favour of our officers, employees and subcontractors.
(5) You are responsible for keeping your own copies of content that matters to you. Our liability for loss of data is limited to the effort that would have been required to restore it had you kept reasonable backups.
11. Data protection
We process personal data on your behalf when we run your website, so the law requires a written data processing agreement between us (Art. 28(3) GDPR).
By accepting these terms you also conclude that agreement. It is presented to you alongside these terms, forms part of this agreement, and is available in your dashboard at any time.
Where the two documents conflict, the data processing agreement prevails on questions of data protection, and these terms prevail on everything else, including liability.
We keep a current list of the providers who process data on our behalf at https://www.soltyx.app/subprocessors, and we give you at least 30 days' notice in text form before a new one starts processing your data.
12. Changes to these terms
We may issue a new version of these terms. A new version binds you only if you expressly accept it; until you do, the version you last accepted continues to apply. Continued use of the service is not acceptance, and we will not treat silence as agreement.
We will give you a reasonable opportunity to read a new version before asking you to accept it, and will tell you what has changed.
13. General
(1) These terms, together with the data processing agreement and whatever fees have been agreed with you, are the whole agreement between us.
(2) Changes must be in writing. Neither party may change this agreement by its own declaration alone.
(3) This agreement is governed by the law of England and Wales.
(4) The courts of London have exclusive jurisdiction over any dispute arising out of or in connection with this agreement. We may also bring proceedings in the courts of your own domicile.
(5) If any provision is or becomes invalid, the validity of the rest is unaffected.
Questions
Write to hello@soltyx.app.