Terms of Service

1. About Us and These Terms

These Terms of Service (these "Terms") govern your access to and use of the QuotaMark sales intelligence and customer relationship management platform (the "Service"). QuotaMark is a brand and service of JAMMZ Limited, a company registered in England and Wales (company number 14754949), whose registered office is at 2 Crossways Business Centre, Bicester Road, Kingswood, Aylesbury, HP18 0RA, England ("QuotaMark", "we", "us", or "our").

Our UK VAT number, where applicable, is 459 8392 32.

By creating an account, signing in, or otherwise accessing or using the Service, you ("you" or "Customer") agree to be bound by these Terms together with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and the terms "you" and "Customer" refer to both you and that entity.

These Terms constitute a contract between us for the supply of a digital content / digital service. Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable UK law, which cannot be excluded. Where you are contracting as a business, the provisions reflecting those statutory rights do not apply to you.

2. Eligibility and Accounts

You must be at least 18 years of age and have the legal capacity to form a binding contract to use the Service.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorised use of your account or any other security breach.

Organisation administrators control user access within their organisation. You are responsible for all content and data you or your users submit to the Service.

3. Free Trial

We may offer a free trial of the Service for a limited period. Trial access is provided solely to let you evaluate whether the Service meets your requirements.

Trials are limited to the features and usage allowances we specify and may be modified or discontinued at any time. At the end of a trial, continued access requires a paid subscription. We may use reasonable measures to prevent abuse of trial offers.

A free trial does not oblige you to purchase a paid subscription, and you will not be charged unless you actively elect to subscribe.

4. Subscriptions, Fees and Billing

Paid plans are billed in advance on a recurring (monthly or annual) basis through our payment processor. By subscribing, you authorise us to charge your designated payment method for all fees associated with your selected plan.

All fees are quoted exclusive of VAT (and other applicable taxes), which will be added to your invoice where required. If you are a UK customer, UK VAT will be charged at the prevailing rate; if you are a business customer in another jurisdiction, VAT/GST may apply under the relevant place-of-supply rules.

You may cancel a paid subscription at any time; cancellation takes effect at the end of the current billing period and you retain access until then. Refunds are not provided for partial billing periods except where required by law.

We may change our fees upon reasonable notice. Any fee change applies only to the next billing cycle. If you do not agree to a fee change, you may cancel before it takes effect.

5. AI Features and Output

The Service includes artificial intelligence and machine-learning features ("AI Features") that generate insights, summaries, scores, messages, and other content based on your inputs and publicly available data.

AI Features produce probabilistic outputs that may be incomplete, inaccurate, or outdated. You are responsible for reviewing and verifying any AI-generated output before relying on it or acting on it.

We do not guarantee that AI-generated content is correct, legally compliant, or suitable for your circumstances. You use AI Features and any output entirely at your own risk, and you must ensure your use complies with applicable UK law, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, where personal data is involved.

6. Acceptable Use

You agree not to, and not to permit others to: (a) use the Service for any unlawful, fraudulent, or abusive purpose, including in breach of the Computer Misuse Act 1990; (b) upload or transmit malware, viruses, or harmful code; (c) attempt to gain unauthorised access to the Service, its systems, or other users' data; (d) interfere with or disrupt the Service or its infrastructure; (e) reverse engineer, decompile, or disassemble the Service except to the extent permitted by the Copyright, Designs and Patents Act 1988 or other applicable law; or (f) use the Service to store or process data in violation of any applicable law or third-party right.

We may suspend or terminate access for any breach of this section.

7. Customer Data and Data Protection

You retain all right, title, and interest in the data you submit to the Service ("Customer Data"). You grant us a limited licence to host, process, and transmit Customer Data solely to provide the Service to you.

Each party agrees to comply with its obligations under the UK GDPR and the Data Protection Act 2018 in relation to personal data. Where we process personal data on your behalf as a processor, the terms of our Data Processing Agreement (available on request) apply and form part of these Terms.

You are responsible for the accuracy, lawfulness, and appropriateness of Customer Data, and for obtaining any consents and providing any notices required to process personal data you upload, including under the UK GDPR and the Privacy and Electronic Communications Regulations 2003 (PECR).

We implement appropriate technical and organisational measures to protect Customer Data. Our handling of personal data is described in our Privacy Policy.

8. Intellectual Property

The Service, including its software, design, content, and branding, is owned by us or our licensors and is protected by intellectual property laws, including the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. These Terms grant you no right to use our trademarks, logos, or trade names except as we expressly permit.

We may use aggregated, de-identified, and anonymised data derived from the Service to improve our products and services, provided it does not identify you or your customers and is processed in accordance with the UK GDPR.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law (and subject to your non-excludable statutory rights as a consumer), we exclude all warranties, conditions, and terms (whether express, implied, or statutory), including as to satisfactory quality, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any output (including AI-generated output) will be accurate or reliable.

10. Limitation of Liability

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under English law.

Subject to the above, to the fullest extent permitted by law (and subject to the reasonableness test under the Unfair Contract Terms Act 1977 where you are a business), in no event will we be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits, data, business, or goodwill, arising out of or relating to the Service or these Terms.

Subject to the above, our total aggregate liability for any claim arising out of or relating to the Service or these Terms is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if your account is inactive, or for any business or security reason on reasonable notice.

Upon termination, your right to use the Service ends. You should export any Customer Data you need before termination, as we may delete Customer Data after a reasonable period following termination in accordance with the UK GDPR.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

14. Complaints and Alternative Dispute Resolution

We aim to resolve any complaint promptly. If you have a complaint, please contact us using the details in Section 15.

If you are a consumer and we cannot resolve your complaint, you may refer it to the UK's alternative dispute resolution (ADR) scheme. The relevant ADR body for online disputes is the European Commission's Online Dispute Resolution platform, and UK consumers may also seek assistance from Citizens Advice. We are not obliged to participate in ADR and will confirm whether we will do so in response to any specific complaint.

15. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (whether contractual or non-contractual), are governed by the laws of England and Wales.

Subject to your rights as a consumer (including any non-exclusive jurisdiction rights you may have in the EU/EEA), you and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

16. Contact

JAMMZ Limited is a company registered in England and Wales (company number 14754949), with its registered office at 2 Crossways Business Centre, Bicester Road, Kingswood, Aylesbury, HP18 0RA, England.

If you have any questions about these Terms, please contact us at support@quotamark.ai.