Breach of any of the Terms may result in the termination of your account.
1. Account Terms
1.1 In return for payment of the subscription fees, we agree to provide the Services to you on these Terms.
1.2 Upon sign up, a login and password will be provided to you to access the Site and the Services. We are entitled to assume that all access to and use of the Site and the Services using your login and password is access and use by you.
1.3 Your login may only be used by one individual – a single login shared by multiple individuals is not permitted.
1.4 You are responsible for maintaining the security of your account and password. We are not responsible for any loss or damage arising from your failure to comply with this security obligation.
2. Payment, Upgrading and Downgrading Terms
2.1 Payments will be charged using the payment method used on first subscription.
2.2 The Service is billed in advance on a monthly or annual basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
2.3 Payments will cover the use of the contracted Services for a monthly or annual subscription period as agreed.
2.4 All fees are payable inclusive of GB VAT but exclusive of all other taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties.
2.5 For any upgrade or downgrade in a pricing plan level, you will be charged the new rate commencing from the start of your next billing cycle.
2.6 Downgrading your Service may cause a reduction in features, or capacity of your Account. We have no liability for such reduction.
2.7 Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew at the end of the then-current period, and you authorise us to collect the then-applicable subscription fee using any payment method we have on record for you.
3. Cancellation, Refund Policy and Termination
3.1 If you wish to terminate your account you must notify us via the billing portal accessed here:
https://go.advisoryxpress.com/billing-portal
3.2 You are solely responsible for the cancellation process. An email or phone request to cancel your account is not an effective cancellation. The correct process to cancel your account is by clicking on the Cancellation option in the billing portal.
3.3 All data associated with your account will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3.4 There is no refund or credit of monthly fees for cancellation during a month.
3.5 We may, at our sole discretion, decline to provide Services to anyone for any reason, and may suspend or terminate your account and refuse any and all current or future access to or use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account.
3.6 Deliveries of all Services are facilitated online via the AdvisoryXpress website or service dashboards.
4. Modifications to the Service and Prices
4.1 We may modify or discontinue the Services (or any part of them) with or without prior notice to you.
4.2 Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice from us. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.
4.3 We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Copyright and Data Ownership
5.1 This Agreement does not transfer any AdvisoryXpress or third party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with AdvisoryXpress.
5.2 We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data uploaded by you remain yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable these users to view and or edit this shared content. You are responsible for controlling shared access to your data and can revoke or change an invited user’s access.
5.3 AdvisoryXpress adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. AdvisoryXpress expressly excludes liability for any loss of data no matter how caused.
5.4 AdvisoryXpress may at any time or from time to time use your data to derive non-personally-identifying, and non-company identifying, information in aggregate form. (e.g., for industry benchmarking). You hereby consent to such use of your data by AdvisoryXpress.
5.5 The Services and the Site are protected by copyright, trade mark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are copyright © 2024 AdvisoryXpress. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in the Services or the Site without express prior written consent from us.
5.6. You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.
6. Data privacy
6.1 You agree to allow AdvisoryXpress to use your data in accordance with the Privacy Policy located at https://advisoryxpress.com/legal/privacy-policy
7. General Conditions
7.1 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
7.2 Technical support is only provided to paying account holders and is only available via the helpdesk accessible from https://go.advisoryxpress.com/help. Support is only available in English.
7.3 You understand and acknowledge that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We are not responsible for the content or continuity of the services provided by those vendors.
7.4 You must not attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services or Site.
7.5 You understand that we have certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date internet browser.
7.6 You understand that the technical provision of the Service, including your data, may be transferred over the public internet unencrypted and may involve (a) transmissions over various third party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.7 In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offence to a reasonable adult. We may amend or remove user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.
7.8 AdvisoryXpress does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.
8. Limitation of Liability
8.1 You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
8.2 If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.
8.3 If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section 3 Termination and cancellation.
8.4 If you suffer loss or damage as a result of our negligence or failure to comply with these Terms, and the exclusion in clause 8.1 above does not exclude our liability, then any claim by you against AdvisoryXpress arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by you in the previous 12 months.
8.5 The failure of AdvisoryXpress to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and AdvisoryXpress and govern your use of the Service, superseding any prior agreements between you and AdvisoryXpress (including, but not limited to, any prior versions of the Terms of Service).
9. Jurisdiction
9.1 The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms.
10. Notices
10.1 Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to AdvisoryXpress must be sent to support@advisoryxpress.com or to any other email address notified by email to you by AdvisoryXpress. Notices to you will be sent to the email address which you provided when subscribing to the Service.
Last modified: 13 Feb 2024
