1 Agreement
By creating an account, accessing, or using any VEXANITY product, including LUCID and ALTAIR, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you are authorised to bind that organisation, and "you" means that organisation.
If you do not accept these Terms, do not use the service.
2 The service
VEXANITY provides software delivered over the internet that records and reports on information you enter. We may change, add to, or withdraw features at any time, and may set reasonable limits on storage, users, records or requests.
The service is provided on a subscription basis and is not sold to you. We do not guarantee that any particular feature will exist permanently.
3 Accounts and access
You are responsible for every account created under your organisation, including accounts you create for your staff. Anything done using your credentials is treated as done by you.
- Keep passwords and access codes confidential.
- Remove access immediately when a member of staff leaves.
- Tell us without delay if you suspect any unauthorised access.
- Do not share one account between several people.
We are not responsible for loss arising from credentials being shared, guessed, written down, stolen, or left accessible on an unlocked device.
4 Your responsibilities
You are solely responsible for:
- The accuracy, completeness and legality of everything entered into the service.
- Checking every figure, report, statement and return the service produces before relying on it or submitting it to anyone.
- Securing the devices, networks and premises you use to access the service.
- Complying with all laws applying to your business, employees, customers, students and records.
- Keeping your own independent copies of anything you cannot afford to lose.
5 Your data and records
You keep ownership of the data you enter. You grant us a licence to host, process, transmit, back up and display it strictly as needed to provide the service and to meet legal obligations.
We may use anonymous, aggregated information that cannot identify you or any individual to operate and improve our products.
On termination you may export your data for 30 days. After that we may delete it permanently and are under no obligation to retain or recover it.
6 Fees and payment
Fees are those quoted to you when you subscribe. Unless stated otherwise they are payable in advance, exclusive of taxes, and non-refundable, including for partial periods and unused capacity.
We may change pricing on 30 days' notice, effective at your next renewal. If payment is not received when due we may suspend access until the account is settled.
7 No warranties
The service is provided "as is" and "as available", with all faults, and without warranty of any kind.
To the maximum extent permitted by law, we disclaim all warranties, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.
We do not warrant that the service will be uninterrupted, timely, error-free or secure, that defects will be corrected, or that any result, figure or report produced by it will be accurate or complete.
8 Security incidents and attacks
We take reasonable technical and organisational measures to protect the service. No system connected to the internet can be made completely secure, and we do not promise that ours is.
We are not liable for loss or damage caused by
- Hacking, intrusion, or unauthorised access to the service or to your devices
- Denial of service and distributed denial of service attacks
- Malware, ransomware, viruses, keyloggers or malicious code
- Phishing, social engineering, impersonation or fraud committed against you or your staff
- Theft, guessing, sharing or misuse of credentials
- Acts of your own employees, contractors, or anyone you gave access to
- Interception or corruption of data in transit across networks we do not control
- Failure, outage or compromise of any third-party service, hosting provider, payment processor, telecommunications network or power supply
Where the law requires us to notify you or an authority of a personal-data breach, we will do so within the period the law requires. That duty exists independently of this clause and is not excluded by it.
9 Not professional advice
This clause matters, because the service performs accounting and tax calculations.
VEXANITY is software, not an accountant, auditor, tax agent or lawyer. Nothing the service produces is accounting, tax, legal or financial advice, and no professional relationship is created by using it.
You remain fully responsible for your own bookkeeping, statutory filings, tax returns, payroll obligations, and any penalty, interest, assessment or prosecution arising from them, including where the underlying figures came from the service. Have a qualified professional review anything you file.
10 Limitation of liability
To the maximum extent permitted by law, VEXANITY, its directors, employees and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, opportunity, goodwill, reputation, anticipated saving or data, however caused and on any theory of liability, even if we were advised such loss was possible.
Our total aggregate liability arising out of or relating to the service, whether in contract, tort, negligence, statute or otherwise, shall not exceed the total fees actually paid by you to us in the twelve months immediately preceding the event giving rise to the claim.
Each provision of this clause is severable. If any part is held unenforceable, the remainder continues in full force, and the excluded liability shall be limited to the smallest extent the law permits.
Nothing in these Terms excludes liability that cannot lawfully be excluded, which in most countries includes death or personal injury caused by negligence, fraud, and fraudulent misrepresentation.
11 Indemnity
You will defend, indemnify and hold harmless VEXANITY against any claim, demand, proceeding, loss, fine or cost, including reasonable legal fees, arising from:
- Your use of the service, or use by anyone you gave access to
- Data you entered, stored or transmitted using the service
- Your breach of these Terms or of any law
- Any claim by your employees, customers, students, parents or suppliers relating to your records
12 Events beyond our control
We are not liable for any failure or delay caused by events outside our reasonable control, including power failure, loss of internet or mobile network, failure of a hosting or infrastructure provider, cyber attack, fire, flood, storm, epidemic, strike, civil unrest, war, terrorism, government action or change of law.
13 Suspension and termination
You may cancel at any time, effective at the end of your paid period. We may suspend or terminate access immediately if you breach these Terms, fail to pay, or use the service in a way that threatens its security, integrity or lawful operation.
We may also discontinue a product on 90 days' notice, in which case we will refund fees paid for any period after discontinuation.
14 Changes to these Terms
We may amend these Terms. Material changes take effect 30 days after we notify you by email or in the service. Continuing to use the service after that means you accept the amended Terms.
15 Governing law and disputes
These Terms are governed by the laws of Uganda, without regard to conflict-of-law rules. The courts of Kampala, Uganda have exclusive jurisdiction, and you submit to that jurisdiction wherever you are.
Nothing in this clause removes a right given to you by the law of the country you live in where that law says the right cannot be excluded by agreement.
Any claim must be brought within one year of the event giving rise to it, or it is permanently barred.