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Terms of Use – MetricsLed DEPLOY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MetricsLed-DEPLOY SOFTWARE

What is in these terms?

We have entered into an agreement with the entity (our “Client”) that authorises you to use our MetricseLed DEPLOY Platform (our “platform”). As an authorised user, you are required to comply with these terms of use.  These terms tell you, as an authorised user, the rules for using our platform.

If our agreement with the Client comes to an end or if we decide to terminate your access to our platform, you may not continue using our platform without our prior written consent or agreement.

If you request to have access to our platform directly rather than as an authorised user of the Client, we may, at our sole discretion, decide to grant you such access subject to such terms and conditions as we deem fit. In that case, you may be liable to pay for the subscription fees related to the use of our platform and we will notify you in advance of such fees.

Who we are and how to contact us

MetricseLed DEPLOY is a software platform operated by Skotkonung Ltd. (trading as MetricsLed), “we”, “us” or “our”. We are registered in England and Wales and have our registered office the address shown on the Contact Us page.

To contact us, please use our online contact form found on the Contact Us page. 

By using our platform you accept these terms

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our platform.

We may make changes to these terms

Our platform may evolve over time based on (without limitation) user feedback. We reserve the right to change these terms at any time, effective upon the posting of modified terms on our website at www.metricsled.com (“our website”) and we will make every effort to communicate these changes to you via email or notification via our website. It is likely that these terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms notified to you or made available on our website.

We may make changes to our platform

We may update and change our platform from time to time. We will try to give you reasonable notice of any major changes, unless it is not practicable to do so.

We may suspend or withdraw our platform

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Access to and use our platform

In order to access and use our platform, you must be at least 18 years of age. By using our platform, you confirm that you are not under 18 years of age.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You must ensure that all usernames and passwords required to access our platform are kept secure at all times. You must immediately notify us of any unauthorised use of your usernames or passwords or any other breach of security. We may advise you to reset your password and you must take all other actions that we reasonably deem necessary to maintain or enhance the security of your access to our platform.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any misuse or any threat to our platform.

If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us via our online contact form on the Contact Us page. 

There may be certain tools or functionalities, such as two-factor authentication, on our platform which you will be required to use in order to be able to make use of the features on our platform. If you choose not to utilise such tools and/or functionalities, you may not be able to use our platform.

Some tools or functionalities may not be accessible to you as part of our agreement with the Client. However, if you would like to make use of such additional functionalities, you may do so by contacting us via the details shown on the Contact Us page. In such cases you may be liable to pay for such additional functionalities as notified by us.

How you may use material on our platform

Skotkonung Ltd. (trading as MetricsLed) and its subsidiaries are the owners or the licensees of all intellectual property rights in our platform, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

These terms are not intended to answer every question or address every issue raised by the use of our platform.

You may print off one copy, and may download extracts, of only the invoices relevant to you from our platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any screenshots, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or without our explicit written approval.

You must not attempt to modify, copy, adapt, reproduce, disassemble, hack, decompile or reverse engineer any service or computer programs used to deliver our platform.

You must not attempt to gain unauthorised access to any materials other than those to which you have been granted express permission to access. You must not attempt to gain unauthorised access to the computer system on which our platform is hosted or backed-up.

You must not use, or misuse, our platform in any way which may impair the functionality of our platform or other systems used to deliver our platform or impair the ability of any other user to use our platform or other systems.

Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information on this platform

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.

The content on our platform, including any financial information, is provided for general information and guidance only. It is not intended to amount to advice on which you should rely. We would recommend that you obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.

Our responsibility for loss or damage suffered by you

Our platform is provided to you on an “as is” basis. We do not warrant that your use of our platform will be uninterrupted or error-free. Among other things, the operation and availability of the website used for accessing our platform is reliant on communication facilities, including public telephone services, computer networks and the Internet, which can be unpredictable and may from time to time interfere with or prevent access to our platform or cause delays or delivery failures. We are not in any way responsible for any such interference or prevention of your access to or use of our platform.

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it in so far as is permitted by law, including (without limitation) warranties of merchantability and fitness for purpose.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our platform; or
  • use of or reliance on any content generated by or displayed on our platform.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Uploading content to our platform

Whenever you make use of our platform, upload content to our platform, make contact with other users of our platform or interact with our platform in any other way, you must comply with the content standards set out below.

Prohibited uses

You may use our platform only for lawful purposes. You may not use our platform:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out here.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, trojans, malware, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our platform or deliverable or output from our platform.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our platform;
  • any equipment or network on which our platform is stored;
  • any software used in the provision of our platform; or
  • any equipment or network or software owned or used by any third party relating to Skotkonung Ltd or our platform.

If you breach any of these terms we may take any or all of the following actions, at our sole discretion:

  • terminate your access to and use of our platform and/or our website;
  • suspend for as long as we deem necessary, your access to and use of our platform and/or our websites and/or any of our services;
  • suspend or terminate access to all or any data accessed by you on any of our platforms.

Content standards

These content standards apply to all materials which you contribute to our platform (“Input”).

The standards apply to each part of any Input as well as to its whole.

We will determine, in our sole discretion, whether any Input breaches these content standards.

An Input must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

An Input must not:

  • Be defamatory of any person or organisation.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence or acts of slavery or oppression.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person or organisation.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Input emanates from Skotkonung Ltd or any of its suppliers, contractors, employees, Clients or customers, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism under any applicable law.
  • Contain any advertising or promote any services or web links to other sites.

You warrant that any Input complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of the content standards set out above.

You retain all of your ownership rights in any content you upload to our platform, but you are required to grant us and other users of our platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in these terms of use.

You are solely responsible for securing and backing up your content and for ensuring that you have copies of your content for the purposes of complying with any regulatory, tax reporting or other similar requirements.

We are not responsible for viruses and you must not introduce them

We use reasonable endeavours to protect against viruses and malware on our systems and on our platform but we do not guarantee that our systems or our platform will be completely secure or free from bugs or viruses.  

You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software and ensure you run frequent scans to protect your data and systems.

You must not misuse our platform by knowingly introducing viruses, trojans, malware, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 2022, 1990 and 2018. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

Data Protection

We maintain a privacy policy that sets out our obligations in respect of your personal data. You should read that policy at https://www.metricsled.com/privacy-policy-metricsled-deploy/ . You will be taken to have accepted that policy when you accept these terms of use.

For the purposes of the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), any successor legislation to the Data Protection Act 2018 or the GDPR, and any other applicable laws and regulations relating to the processing of personal data and privacy (“Data Protection Legislation”), the data controller is the Client. The Client is responsible for obtaining any consents required from you in order to comply with the Data Protection Legislation and we will not be liable for any failure by the Client to obtain any such consents. If you choose to withdraw any such consents given to the Client for whatever reason, you must contact the Client and us immediately in order to confirm your wish. We will cease using any personal data which is the subject of such consents unless we can rely on another lawful basis for continuing to process such data, such as in order to comply with a legal obligation. We will inform you of any alternative basis on which we seek to rely in order to continue processing such data.

Which country’s laws apply to disputes between us?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree that the courts of England will have exclusive jurisdiction to settle any dispute between us in relation to your access to, or use, of our platform.