Welcome to OCAT. We are pleased to have you here but before you start using our software please look through and accept these terms and conditions of use. We’ve tried hard to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us
If you have questions or comments after you’ve read these terms, please contact us. We are always pleased to help
Last updated on 28 November 2021
Subscribing to & using OCAT Apps
In this section we explain how to subscribe to OCAT and use our services. When you see a word highlighted in bold, it will have the same corresponding meaning every time it’s used within these terms.
1. You and OCAT: When we say you or your, we mean both you and any business, entity or company you are authorised to represent. When we say OCAT, we, our or us, we are refering to OCAT Cloud Apps Ltd. Registered in the UK : 6525283. OCAT is the entity you contract with and pay fees to based on the type of subscription and services we provide that you are using
2. Our services: Our services consist of all the services we provide now or in the future, including our online applications other software based product that we offer
3. Your Subscription: When a subscription is created for you and you accept these terms, you become an OCAT Subscriber. If you are the subscriber, you are the one responsible for paying for your subscription and any other services you have decided to use. As the subscriber you will also be responsible for all the users within your subscription
4. The right to use our services: Whether you’re a subscriber or a registered user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or as an invited user your access is revoked
5. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it
You control access to a subscription. You decide who can use the services you’ve subscribed to and what kind of access, where applicable the subscription users have. You are responsible for resolving any disputes or issues with registered users over access to your subscription. You are also responsible for all your registered users’ activity
6. Rules: Whatever your role, when you use our software or services you agree to follow the rules which we outline below. Please read them and make sure you understand what you and your users should and should not do
7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable
8. When we introduce new or revised services there might be additional terms that you as the subscriber will need to agree to. We will let you know what those terms are before you start using those new or updated services
9. Our property / what we own: We own everything we have put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us
Unless you are in a free trial or other offer period, you must pay for your subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan
10 OCAT pricing plans: Your use of our services requires that you pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing plan may vary by region and includes information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive taxes where relevant (like VAT and GST), as reflected in the pricing plan
11. Taxes for the use of our services: You are responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes
12. Timely payments are important: To continue accessing our services, you must make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made. If you are having difficulty in paying your invoices please contact us. We will always listen and help when ever we can
Use of your data and privacy
OCAT uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
13. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a license to use, copy, transmit, store, analyze, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences
14. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into OCAT, like your name, email address and other contact information
15. Use of personal data you have entered about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you have entered into OCAT
16. Anonymized usage data: When you use our services, we may create anonymized usage data from your data and usage of our services, including through aggregation. Once anonymized, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you
17. Data breach notifications: Where we think there has been unauthorized access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorized access, and the location of your affected contacts, you may be required to assess whether the unauthorized access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription
18. Keeping stuff confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so
We will always take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours please
We take security extremely seriously and ask that you will too. To help protect our services and your data, we may offer added security features such as multi-factor authentication
19. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. Whilst we have taken great care help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorization and we may also restrict access to certain parts of our services until you verify that access was by an authorized user(s)
20. Account security : From time to time we may introduce security features to make your account more secure, such as multi-factor authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features
21. Your efforts to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you become aware that there’s been any unauthorized use of your password or a breach of security to your account or email address linked to your account, you must to let us know immediately
Maintenance, downtime and data loss
We really try very hard to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important
22. Availability: We strive to maintain the availability of our services, and provide online support during normal office hours. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimize any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it
23. Software updates: We are always striving to make our software and services the very best they can possibly be. When we have made changes, implemented improvements or fixed bugs we generally update our systems on Sundays. If you need to use our software or services on a Sunday please contact us or read the update schedule to make sure they will be available. Software update are usually planned many weeks in advance but we can re-schedule if downtime will have a detrimental affect on your business
24. Access issues: We all know that The Internet isn’t one of the most reliable things. Occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. If you can’t access our services pleas make sure your internet connection is up and working at a reasonable speed
25. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services
26. Compensation for loss: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services
Dos & Don’ts
Please read and understand this section. It sets out how you can and can’t use our software services. Most of it should be common sense
27. Feedback: We always love to hear your feedback and may use it without restriction
28. Law full use: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide
29. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly transactions. We will notify you in advance of any impending restrictions
30. Beta features: Occasionally we may offer a service at no charge – for example a beta service. Beta or experimental features are normally highlighted with the following icon:-
Clicking on this Icon will normally give you some information about why it’s a beta feature. Because of the nature of these services, you use them at your own risk
31. Test / Labs subscriptions: In addition to our live production system we offer a test / demo environment which subscribers or our business partners can use for demos. This environment can only be used at your own risk. We take no responsibility for loss or damage caused by bugs or data loss
32. Whilst it’s difficult to cover everything here, we would like to highlight a few things you must never do please :-
Undermine the security or integrity of our computing systems or networks.
Use our services in any way that might impair functionality or interfere with other people’s use
Access any system without permission
Introduce or upload anything to our services that includes viruses or other malicious code
Share anything that may be offensive, violates any law, or infringes on the rights of others
Modify, copy, adapt, reproduce, disassemble, de compile, reverse engineer or extract the source code of any part of our services
Resell, lease or provide our services in any way not expressly permitted through our services
Repackage, resell, or sub-license any leads or data accessed through our services
Commit fraud or other illegal acts through our services
Act in a manner that is abusive or disrespectful to a OCAT employee, partner, or other OCAT customer. We will not tolerate any abuse or bullying of our OCAT employees in any situation and that includes interaction with our support teams
You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.
33. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. For more information, including on how to terminate your subscription please contact OCAT Support or your OCAT Business partner
34. Termination by OCAT: OCAT may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. OCAT may also terminate or suspend your subscription or access to all or any data immediately if:
you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
you breach any of these terms and the breach cannot be remedied,
you fail to pay subscription fees, or
you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
35. No refunds: No refund is due to you if you terminate your subscription or OCAT terminates it in accordance with these terms.
36. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish
Liability & Indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
37. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
38. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion in section 999999, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
39. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:-
We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense
For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups
Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose
This section outlines how disputes may be resolved.
40. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding
Your attention is drawn to these additional items not contained in the scope of the above items
41. Professional advice: OCAT isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a small business, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.
42. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
43. Notices: Any notice you send to OCAT must be sent to email@example.com Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
44. Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
45. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
46. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
47. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
48. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. OCAT may assign these terms – or any of our rights or obligations in these terms – to another OCAT entity as it deems appropriate. OCAT entities are the companies controlled by or under common control with OCAT Cloud Apps Limited (a UK Registered company with registration number 6525283)
50. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
51. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.