Terms, conditions and data policy ("Terms")

Last updated: 31 January 2023

Please read these Terms, Conditions and Policies ("Terms", "Terms and Conditions", "Data Policy" "Policies") carefully before using the ProductSweet web app (https://app.productsweet.com) (the "Service", the "App") operated by We Are Systematic Ltd. incorporated and registered in England and Wales, company no. 12486536 and registered office: 12 Latchwood Lane, Lower Bourne, Farnham, England, GU10 3HB  ("us", "we", or "our").

Your access to and use of the Service is conditioned on your (the "User", "You") acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

If you disagree with any part of the terms then you should not use or access the Service. If You are enterring into this agreement on behalf of any organisation, You confirm You are authorised to do so.

Provision of the Service

The Software is made available to the User as a Service (“SaaS”) and no license is granted to the User. In particular, the provision of SaaS does not include any right of reproduction or other exploitation or publication.

Access to the Service may be terminated if Your use of the Service is in breach of these Terms. In these circumstances, at your request we will provide you with a copy of any content uploaded to the App in a suitable format determined by Us. If such a request isn't received within 30 days from termination then we will delete any remaining data and content.

Beta phase

ProductSweet is currently in Beta and so You acknowledge there may be bugs or unfinished features. If you notify us of any bugs or issues, we will do our best to resolve them in a timely manner. However we can't guarantee any particular changes or developments based on request alone.

On this basis, the security of the content uploaded to the App remains your responsibility during the Beta phase and we recommend you take appropriate backups so as to prevent cost to you in case of data loss. Whilst we will endeavour to ensure the continous running of the App and continuity of data, We ultimately take no liability for loss incurred through any failure or error during the Beta phase.

Payment for the service, cancellation and refunds

By using the service you agree to the pricing structure as described in these terms. Payment is invoiced on the date of commencement and the 1st of each calendar month thereafter. Annual payments are due on the 1st day of the anniversary month. Initial/first payments will be pro-rated for the number of days until the 1st of the next calendar month. Non-payment could lead to termination of the service provided to you.

Users of the service will be charged £60 per calendar month for every Organisation created under their ProductSweet account. Under monthly billing, you may cancel at any time by contacting us and access to the service will cease at the end of the current billing month and no refund will be given. At any time, You may choose to switch to annual billing at £600 per calendar year. Under annual billing, you may cancel at any time and access to the service will cease at the end of the current billing month. A refund will be given for unused months calculated based on the monthly price for the service, not a pro-rata refund of the annual amount paid. You may choose to switch from Annual billing to Monthly billing at any time with no penalty.  Invoicing is monthly in arrears. Fees (together with any invoiced VAT) are to be paid to We Are Systematic (without deduction or set-off) within 30 days of receipt of We Are Systematic’s invoice.

Participants of the first beta phase (ending 31st August 2022) will not be charged for the lifetime of the beta phase and will be elligible for a 20% lifetime discount thereafter. The lifetime discount will be associated with the email address used to sign up for the beta phase.

ProductSweet may be provided free of charge for variable periods of time for clients of We Are Systematic Ltd as described in individual Statements of Work.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, data, or other material ("Content"). We Are Systematic own the App, You are responsible for the Content, and it remains your property in the form it was originally posted or added to the App. You must not upload any information to the App that that is unlawful, that We consider to be objectionable, or that infringes or breaches someone else's rights, including their intellectual property rights. You must not upload any Personally Idenfiable Information (PII) or other "personal data" as defined by the EU General Data Protection Regulation (GDPR).

For the purpose of making the Service available to the User, the User grants We Are Systematic and applicable contractors a worldwide, limited-term license to host, copy, transmit and display his/her Data. The User also grants Us a worldwide, limited-term license to analyse, aggregate, transform, summarise or otherwise repurpose the Content. We will never share content uploaded to the Service with another party without your permission, however We may share summary insights aggregated with data from other Users in a strictly anonymous form for the purpose of reporting and adding value to the Service.

How we manage and delete data

When you use the App to delete data within your ProductSweet projects, that data is deleted immediately and cannot be recovered. Please be careful when choosing to delete your content.

If you delete a project, that project and all data within it is hidden from all users immediately. The project and its data remain on our databases for a further 30 days before being removed. This is to allow you a 30 day grace period to undo any accidental deletions or recover any important lost data. If you need your data to be removed faster than this, please contact us at hello@productsweet.com

Data Subject Access Requests (DSARs)

You have the right to request at any time any and all of Your personal data held by us. You also have the right to request this data is deleted. To make either such request, please email hello@productsweet.com. We will respond to any requests within 30 days of receipt.

Non disclosure agreement (NDA)

We are providing the Service to You in Beta. This gives you access to elements of intellectual property (IP) including (but not limited to) the purpose of the App, the design, content, terminology and workflow). You agree not to use your access to this IP for any purpose except use of the Service.

You agree to keep any Confidential Information secure and not to disclose it to any third party except to its professional advisers who need to know the same for normal use of the Service, who know they owe a duty of confidence to Us and who are bound by obligations equivalent to those above.

This NDA applies to all of the information disclosed by Us to You, regardless of the way or form in which it is disclosed or recorded, indefinitely, but they do not apply to:

a)    any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or

b)    any information which is already known to You and which was not subject to any obligation of confidence before it was disclosed to Us to You.

This NDA doesn't prevent the Recipient from making any disclosure of the Confidential Information required by law or by any competent authority.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by We Are Systematic.

We Are Systematic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We Are Systematic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms please contact us at hello@wearesystematic.com