Mobile App End-User Licence Agreement

Please read this Mobile App End-User Licence Agreement (“agreement”) carefully before clicking the “Accept” button, downloading, installing or using the TaxBoxx App (“app”).

By clicking the “Accept” button, downloading, installing or using the app, you are agreeing to be bound by the terms and conditions of this agreement.

For the purpose of this agreement, our app does not include services which are provided by us which you may access or register for via the app, these services are subject to separate terms as described below under Other applicable terms.

By clicking the “Accept” button, downloading, installing or using the app you confirm that:

• you have read and understand this agreement;
• represent that you are of legal age to enter into a binding agreement;
• your use of the app is in your capacity as an employee, agent or independent contractor of an organisation or as an individual trader and in each case for your internal business purposes only; and
• accept this agreement and agree that you are legally bound by its terms.

If you do not agree to the terms of this agreement, do not click on the “Accept” button, download, install, use or continue to use the app.

1. Information about us

Air Accounting Limited is a company registered in England and Wales under company number 10256980. The TaxBoxx mobile application software (“app”) is made available by Air Accounting Limited (“Air Accounting, “we”, “us”, “our”). TaxBoxx (“TaxBoxx”) and the TaxBoxx App (“app”) are trading names of Air Accounting Limited (“Air Accounting”). Our registered office address is, Parkview Business Centre, Combermere, Whitchurch, Shropshire, SY13 4AL.

If you wish to contact us with any questions or concerns regarding these terms, please email [email protected].

2. Other applicable terms

We provide online services and products to assist with the automation of accounting. The services are provided by us under separate terms including where any services are purchased by you. The terms of service that apply to your use of our services can be found here.

3. Your privacy

Air Accounting understands that your privacy is important to you and that you care about how your personal data is used. We respect your privacy and your rights to control your personal data (“data”). We will always protect your data, be clear about the data we collect from you and the reasons why. We do not and will not sell your data to third parties.

We will only use your data when the law allows us to. Most commonly, we will use your data in the following circumstances:

• where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• where we need to perform the contract for services we are about to enter into or have entered into with you;
• where we need to comply with a legal or regulatory obligation.

Please be aware that any internet transmissions are never completely private or secure and that any message or information you send using the app may be read or intercepted by others even if there is a special notice that a particular transmission is encrypted.

Air Accounting contracts with GoCardless. GoCardless (company registration number 07495895) is a licensed account information service provider (AISP). GoCardless is authorised and regulated by the Financial Conduct Authority (“FCA”) under the Payment Services Regulations 2017, registration number 597190. Air Accounting use GoCardless to enable you to share your financial information with us securely and directly from your bank account so we can understand your income and expenditure without you having to manually upload your bank statements. These include but are not limited to, connecting to bank accounts in order to fetch bank statements from them and/or to obtain a feed of your account data on your behalf. Please note that this service does not give Air Accounting or any third parties the ability to transact via the relevant bank accounts.

In the course of establishing a connection with a bank account you may be required to confirm your acceptance of our authorised partners Terms and Conditions and Privacy Policy/Notice.

If you have any questions about the security of your data, please contact us at [email protected]

We recommend you read our full Privacy Policy which can be found here.

4. Licence

Subject to the terms of this agreement, we grant you a limited, non-exclusive and non-transferable licence to access and use the app and any updates or supplements to it as permitted in these terms (“licence”).

5. Licence restrictions

You agree that the licence is personal to you.

You agree you will not:

• copy the app, except as expressly permitted by this licence;
• modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the app;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source of code of the app or any part thereof;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the app, including any copy thereof;
• rent, lease, lend, sell, sublease, assign, distribute, publish, transfer or otherwise make available the App or any feature or functionality of the app, to any third party for any reason, including by making the app available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the app.

6. Acceptable use restrictions

You must not:

• use the app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
• infringe our intellectual property rights or those of any third party in relation to your use of the app;
• transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app;
• use the app in a way that could damage, disable, overburden, compromise or impair our systems or security or interfere with other users of the app or our services; and/or
• collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.

7. Intellectual property rights

All intellectual property rights in the app throughout the world belong to us (or our licensors) and the rights in the app are licenced, not sold to you. You have no intellectual property rights in, or to the app other than the right to use the app in accordance with these terms.

8. Changes to these terms

Air Accounting may modify or update these terms as and when necessary to reflect feedback and changes in our services. Continued use of our app after any modification to these terms will constitute your acceptance of such modification and updates. When we update these terms we will revise the ‘Last updated’ date at the top of these terms.

If there are material changes to these terms or in how Air Accounting uses your personal data, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to regularly review these terms to learn more about how Air Accounting is using and protecting your data.

9. Updates to the app

From time to time we may automatically update the app to enhance functionality, improve performance, reflect changes to the operating system or address security. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the app or services provided through the app.

You further agree that all updates will be deemed part of the app and be subject to all the terms of this agreement.

10. If someone else owns the phone or device you are using

You will be responsible for complying with these terms whether or not you own the relevant phone or other devices. If you download or stream the app onto any phone or device not owned by you, you must have the owner’s permissions to do so.

11. Data we may collect about your device(s)

By using the app you agree to us collecting and using technical information about the devices you use the app on and related software, hardware and peripherals in order to provide relevant services to you.

12. Websites you may link to

The app may contain links to other independent sites and/or tools which are not provided by us. Such independent sites/tools are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies, if any.

You will need to make your own independent judgement about whether to use any such independent sites or tools. Please refer to our privacy policy for further details.

13. Limitations and exclusions of liability

Nothing in this agreement shall limit or exclude our liability for:

• death or personal injury caused by negligence, or the negligence of its employees, agents or subcontractors;
• fraud or fraudulent misrepresentation; and/or
• any other liability that cannot be excluded by English law.

No liability to you

You are downloading the app entirely at your own risk. We shall not be liable to you for any loss or damage (direct or indirect) whatsoever, arising under or in relation to this agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) or in connection with your use of the app or reliance on any content displayed on the app.

Partners and clients

The relevant limitations and exclusions to our liability in respect of the services we provide to our customer, as in, your employer or business, is set out in our terms of service.

Nothing on our app constitutes advice on which you should reply. While we give every effort to ensure its accuracy, information contained on our app may not be complete, may have changed or may not be relevant to or appropriate for your circumstances. We are not liable to you or anyone else for decisions or actions resulting from placing reliance in the information contacted on our app.

Back-up content and data used with the app

We recommend that you back up any information given, content and data used in connection with the app, to protect yourself in case of problems with the app.

14. Term and termination

The licence commences when you first download/install the app and will continue in effect until terminated by you or us as set forth in this clause 14.

You may terminate the licence by deleting the app and all copies thereof from your device(s).

We may terminate the licence immediately and without notice if:

• we reasonably suspect that you are using the app for any purpose which contravenes any applicable law; or
• you materially fail to comply with any provisions of this agreement.

If we terminate your licence:

• you must stop all activities authorised by these terms including the use of the app;
• you must delete or remove the app from all devices in your possession and immediately destroy all copies of the app which you have and confirm to us that this has been done; and
• if it is possible for us to do so, we may remotely access your device(s) and remove the app from them.

Where the Licence is terminated in accordance with this clause 14, then the agreement shall terminate in its entirety.

15. Governing law and settling disputes

This agreement and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. We and you agree to attempt to resolve any dispute amicably by speaking to one another before resorting to any legal action. Each party irrevocably agrees that any dispute, controversy, proceedings or claim between you and us relating to this agreement shall be subject to the jurisdiction of the courts of England and Wales.

16. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. No waiver

No failure or delay in exercising on the part of either party, any right or any power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

18. No third party rights

We and you do not intend that any of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it and all rights by virtue of the Contracts (Rights of Third Parties) 1999 are hereby excluded.

19. Entire agreement

This agreement and our privacy policy contains all the terms which the parties have agreed in relation to the subject matter of this agreement and supersedes any prior oral agreements, representations or understandings between the parties in respect to the app.