Terms and Conditions

1.1 Acceptable use

You may use the Site for your own lawful, personal or business purposes. You agree not to:

1. use the Site in any way that breaks the law or any applicable regulation, or that is fraudulent or harmful;
2. attempt to gain unauthorised access to the Site, its servers, or any connected system;
3. introduce viruses or other harmful material, or otherwise disrupt the Site; or
4. damage, disable, overburden or impair the Site or interfere with any other person's use of it;
5. collect or harvest data from the Site or attempt to intercept or decipher any communications to or from the Site; or
6. scrape, copy, resell or systematically extract content from the Site except as allowed below.

7.6 Account security

You are responsible for:

1. keeping usernames, passwords and other login credentials secure and confidential;
2. all activities carried out using your account, whether authorised by you or not, unless caused by our breach of this Agreement; and
3. promptly notifying us in writing if you know or suspect any unauthorised access to or use of your account.

10.1 Our role

How we handle personal data depends on our role:

1. Where we are the controller: for personal data about you and your Float Account (such as registration, billing, marketing and usage data), we act as the controller and process it in line with our Privacy and Cookie Policy.
2. Where we are the processor: for the accounting and financial data you connect or import from Xero, QuickBooks Online or FreeAgent, which may include personal data about your own employees, contractors, suppliers and clients, you are the controller and we act as your processor. We process that data only on your instructions, as set out in our Data Processing Agreement, which is incorporated into and forms part of this Agreement.

11.1 Authority to connect

We may let you transfer data from a third-party product (such as Xero, QuickBooks Online or FreeAgent) into the Service. To do this on your behalf, you may need to give us your login details for that product, which we'll hold in encrypted form and use only to provide this feature or as you direct. You confirm you're authorised to provide those details, and you appoint Float as your agent, with limited authority, to access the third-party product and retrieve data on your behalf.

11.2 Third-party terms

You're responsible for complying with the terms of any third-party product, and for any fees it charges. Third-party products are operated by others, not Float, and we're not responsible for their actions, availability or any changes they make that affect the transfer of data.

11.3 No integration warranty

We don't warrant that any integration with a third-party product will remain available or continue to function without interruption. Third-party providers may modify, suspend or discontinue their services or application programming interfaces (APIs) at any time, and we aren't responsible for any resulting impact on the Service.

11.4 Revoking access

You may revoke our authority to access a third-party product at any time by disconnecting the relevant integration or changing your access credentials. You acknowledge that doing so may prevent some features of the Service from functioning correctly.

12.1 Use of Service Providers

We may use third parties to help operate the Service or to perform our obligations (each a Service Provider). To do so, we may share a limited amount of your data with them. Our agreements with Service Providers govern how they handle that data and prohibit them from using it for purposes unrelated to the Service. Where Service Providers process personal data on your behalf, they do so as our sub-processors under the Data Processing Agreement.

12.1 Our responsibility

We remain responsible for the performance of our Service Providers to the extent required under this Agreement, although we aren't responsible for any separate services you contract for directly with them.

13.1 Free trials

If you register for a trial, you'll have access for the trial period only. Unless you subscribe before the trial ends, your access may be suspended or terminated and any Content created during the trial may be deleted. You'll need to subscribe before it ends to continue using the Service and to retain access to any Content stored within it.

13.2 Beta features

From time to time we may offer beta, preview, or early access features. These features are provided for evaluation purposes and may be modified, suspended or withdrawn at any time without notice. They are provided and "as is" and “as available”, may contain bugs or errors, and may not be subject to the same security, support, availability or performance standards as the main Service. Your use of beta features is at your own risk. We have no obligation to make any beta feature generally available or to continue supporting it.

14.1 Licence to use the Service

The Service is protected by intellectual property laws, and we grant you limited, non-exclusive, non-transferable and revocable licence to use it during your subscription solely for your own internal business purposes for as long as you meet your payment obligations and comply with this Agreement. We reserve all other rights.

14.2 Free trials

You agree not to:

1. copy, modify, adapt, translate or create derivative works from the Service;
2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except to the extent such restriction is prohibited by law;
3. license, sublicense, sell, lease, rent, assign, distribute or otherwise make the Service available to any third party except as expressly permitted by this Agreement;
4. remove, obscure or alter any copyright, trade mark or other proprietary notices contained within the Service;
5. circumvent or interfere with any security features or technical restrictions within the Service;
6. use the Service to develop or provide a competing product or service; or
7. use the Service in any manner not expressly permitted by this Agreement.

14.3 Feedback

If you give us feedback, suggestions, ideas or recommendations relating to the Service (Feedback) you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable licence to use, modify and incorporate that Feedback into our products and services without restriction and without any obligation to compensate you.

15.1 Confidentiality obligations

Each party shall keep confidential all confidential information disclosed by the other party in connection with this Agreement, including without limitation any commercial, financial, technical or business information (whether or not marked as confidential), and shall not disclose it to any third party except where necessary to perform this Agreement, required by law or with the other party's prior written consent.

15.2 Exceptions

This clause does not apply to information which is or becomes publicly available other than through a breach of this Agreement, was already lawfully known to the receiving party or is independently developed without reference to the confidential information.

16.1 No implied warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", and we don't give any implied warranties, including as to satisfactory quality, fitness for a particular purpose, or non-infringement. Nothing in this Agreement excludes any warranty or other right which cannot lawfully be excluded or limited under applicable law.

16.2 No guarantee of performance

We don't warrant that the Service will be uninterrupted, error-free or secure, or that it will meet your requirements or any legal or regulatory obligations that apply to you. You remain responsible for ensuring your use of the Service complies with the laws that apply to you.

16.3 Forecasts are estimates

The Service provides cash flow forecasting and related functionality based on the information and assumptions you input or import. Forecasts, projections and reports generated by the Service are estimates only and are not guarantees of future financial performance or outcomes. You remain responsible for reviewing and verifying all outputs before relying on them for any business, financial or commercial decision.

16.4 No professional advice

We don't provide financial, accounting, tax, investment or legal advice through the Service. You should obtain appropriate professional advice where required.

16.5 Your responsibilities

You are responsible for maintaining appropriate backups of your Content and for ensuring that your devices, systems and internet connection are suitable for accessing the Service.

16.6 No other warranties

Except as expressly stated in this Agreement, we make no representations, warranties or guarantees, whether express, implied or statutory, in relation to the Service.

17.1 Liability we don't exclude

Nothing in this Agreement limits or excludes our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which can’t lawfully be excluded or limited.

17.2 Liability cap

Subject to clause 17.1, our total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total subscription fees paid by you for the Service in the 12 months before the date on which the claim arose.

17.3 Excluded losses

Subject to clause 17.1, we shall not be liable for any:

1. loss of profits or revenue;
2. loss of business or business opportunity;
3. loss of anticipated savings; 
4. loss of goodwill or reputation; 
5. loss arising from telecommunications failures, internet outages or failures of third-party software or services outside our reasonable control; or
6. indirect, special or consequential loss

17.4 Indemnity

You agree to indemnify Float against any losses, liabilities, damages, costs and reasonable legal expenses arising from:

1. your unlawful use of the Service;
2. your Content infringing the intellectual property or other rights of any third party; or
3. your breach of applicable law. 

18.1 Grounds for suspension or termination

We may suspend or terminate your access to the Service if:

1. you commit a material breach of this Agreement;
2. you fail to pay any subscription fees when due;
3. we reasonably believe your use of the Service presents a security risk or may adversely affect the Service or other users;
4. we are required to do so by law; or
5. you become insolvent or cease trading.

18.2 Suspension to investigate

We may also suspend access to the Service where reasonably necessary to investigate suspected fraud, unlawful activity or misuse of the Service.

18.3 Effect of termination

On termination: 

1. Your right to access and use the Service will immediately end;
2. all outstanding payments become immediately due and payable;
3. you should export any Content you wish to retain before your access ends; and
4. subject to our retention obligations under applicable law, we’ll delete your Float Account data in accordance with our Data Processing Agreement and Privacy and Cookie Policy

18.4 Content after termination

After termination, you may lose access to your Content, so please keep your own copies. We handle personal data after termination as set out in our Data Processing Agreement and Privacy Policy. In the ordinary course, Float Account data is deleted within 90 days.

18.5 Survival

Clauses which by their nature are intended to survive termination, including those on relating to intellectual property, confidentiality, payment obligations, liability, indemnity and governing law, shall remain in force.

19.1 Conflicts

In the event of any inconsistency between this Agreement and the Data Processing Agreement in relation to the processing of personal data, the Data Processing Agreement shall prevail.

19.2 Force majeure

1. Where an event outside our reasonable control occurs, this is a force majeure event and includes, but is not limited to, storm, fire, flood, earthquake, an act of God, a natural disaster, war, terrorism, riot or civil commotion, malicious damage, strikes or other industrial disputes (whether or not involving our workforce), a cyber-attack or other malicious interference with our systems, a failure or interruption of the internet or of any telecommunications, hosting or cloud services, a failure of electricity or power supplies, epidemic, pandemic, compliance with any law or government rules, regulations or guidance, or a failure of a third-party supplier to perform its obligations.
2. Where a force majeure event occurs, we are excused from performance under these Terms to the extent our performance is prevented, hindered or delayed by it, and will not be liable to you for any failure or delay in performing our obligations. We will notify you as soon as reasonably practicable if a force majeure event materially affects the Site or the Services. We will use reasonable efforts to resume performance as soon as reasonably practicable after the force majeure event has ended.
3. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected Services by giving written notice to the other.

19.3 Changes to this Agreement

We may change this Agreement from time to time. Where changes are material, we'll give reasonable notice through the Site or to the account Administrator. Your continued use of the Site or Service after changes take effect means you accept them.

19.4 Entire agreement

This Agreement and any document expressly referred to in it contain the entire agreement between us and you with respect to their subject matter and supersede and extinguish any and all previous agreements, representations, warranties, promises, assurances and understandings between us and you relating to that subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on any statement, representation or warranty other than those expressly set out in this Agreement. Nothing in this clause limits or excludes liability for fraud.

19.5 Severability

In the event that one or more of the provisions of these Terms is or are found to be unlawful, invalid or otherwise unenforceable, that or those provision(s) shall be deemed severed from the remainder of these Terms, which shall remain valid and enforceable. If any provision is capable of modification so as to be valid and enforceable, it shall be interpreted accordingly to the minimum extent necessary.

19.6 Assignment

You may not assign this Agreement without our written consent. We may assign it to an affiliate, or in connection with a sale, merger or reorganisation of our business. We may also subcontract any of our obligations under this Agreement, provided we remain responsible for their performance.

19.7 No waiver

No failure or delay by us in exercising any of our rights under these Terms shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

19.8 Third party rights

Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of these Terms.

19.9 Notices

All notices under this Agreement shall be in writing and served by email. We will use the email address associated with your account, and you can contact us at support@floatapp.com. A notice sent by email will be deemed received when it is capable of being accessed by the recipient, unless the sender receives an automated message indicating that delivery has failed. This arrangement does not apply to the service of any documents in legal proceedings, which cannot be served by email.

19.10 Contacting us

You can contact us at support@floatapp.com, and for data protection matters at dpo@floatapp.com.

19.11 Governing law and jurisdiction

This Agreement is governed by Scots law, and you and Float submit to the exclusive jurisdiction of the Scottish courts. We may still seek urgent or injunctive relief in any court of competent jurisdiction to protect our rights or intellectual property.