Terms of service

1. Who these terms are between

These terms are between Nimble IO Ltd, a company registered in England and Wales (company number 12045561), registered office 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us”), and the business that opens a Pipeline account (“you”). By creating an account or using Pipeline you accept these terms. If you do not accept them, do not use the service.

If you are agreeing on behalf of a company, you confirm you have authority to bind it.

2. Business use only

Pipeline is sold to businesses for use in their trade or profession. You confirm you are not acting as a consumer. Consumer rights, including the 14-day cancellation right under the Consumer Contracts Regulations 2013, do not apply.

3. Your account

You are responsible for keeping login credentials secure, for everything done under your account, and for the acts and omissions of your users. Tell us promptly at support@pipelineapp.co.uk if you suspect unauthorised access. You must give accurate account and billing information and keep it up to date.

4. Free trials and promotional offers

We may offer a free trial or a promotional discount (for example a percentage off your first months). Unless we say otherwise: trials and offers are for new customers only, one per business, cannot be combined or exchanged for cash, and apply only for the stated period - after which your subscription renews at the standard rate. We may change or withdraw any offer at any time before you take it up, and may withdraw it from you if we reasonably believe it is being abused. If you do not cancel before a free trial ends, your paid subscription begins.

5. Fees, billing and renewal

• Subscriptions are billed monthly or annually in advance and renew automatically for the same period until cancelled.
• Fees are exclusive of VAT, which we add where applicable.
• You authorise us and our payment provider to charge your payment method for each renewal.
• We may change our prices. We will give you at least 30 days' notice by email, and the new price applies from your next renewal. If you do not accept it, cancel before that renewal.
• If a payment fails we may retry it and, after reasonable notice, suspend the account until it is paid. We may charge statutory interest on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.

6. Cancellation and refunds

You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period and access continues until then. Fees already paid are non-refundable, and we do not refund part-months. We may pro-rate an annual cancellation at our discretion. This does not affect any refund you are entitled to by law, or where we terminate without cause under section 15.

7. Your data, and who owns what

You own your Customer Data - everything you and your users put into Pipeline. You grant us a non-exclusive, worldwide licence to host, copy, transmit, display and process it strictly as needed to provide and support the service, and as set out in our privacy policy and Data Processing Agreement.

You are responsible for your Customer Data: that you have the right to provide it, that you have a lawful basis for us to process it, that it is accurate, and that you have given any privacy notices and obtained any consents required from the individuals it relates to.

Backups. We back up the platform once every 24 hours. Those backups exist so we can restore the service after a failure on our side - they are not a substitute for keeping your own records, and we cannot guarantee that anything entered since the last backup can be recovered. We accept no responsibility for Customer Data created, changed or deleted after the most recent backup was taken, or for data lost through your own actions, including anything you or your users delete. You can export your Customer Data from within Pipeline at any time if you need a copy of your own. Our liability for data loss is limited as set out in section 14.

Where we process personal data on your behalf we do so as your processor under our Data Processing Agreement, which is incorporated into these terms and available on request. It satisfies Article 28 of the UK GDPR.

We may use aggregated, anonymised statistics that cannot identify you or any individual to operate and improve the service. We do not use your Customer Data to train AI models.

8. Our intellectual property

We own the Pipeline platform, software, branding and documentation, and all intellectual property in them. We grant you a non-exclusive, non-transferable, revocable licence to use the service for your internal business purposes during your subscription. Nothing else is granted. If you send us feedback or suggestions, we may use them freely and without obligation to you.

9. Acceptable use

You must not:

• break the law, infringe anyone's rights, or use Pipeline to harm, harass or defraud others;
• send unlawful marketing, spam or content you have no right to send;
• upload malware, or attempt to gain unauthorised access to the service, our systems or another customer's data;
• reverse-engineer, decompile, scrape or copy the service, or use it to build a competing product, except to the extent this restriction cannot lawfully be prevented;
• resell, sublicense or share access outside your business without our written agreement;
• place unreasonable load on the service or circumvent usage limits.

10. Availability and support

We aim for 99.9% monthly uptime, excluding planned maintenance (which we schedule outside normal UK business hours where we reasonably can) and matters outside our control. This is a target, not a warranty, unless we have separately agreed a service level agreement with you in writing. We provide support by email during UK business hours.

11. Third-party services

Pipeline integrates with third-party services such as payment providers, email delivery and accounting tools. Your use of those services is governed by their own terms, and we are not responsible for them, their availability, or what they do with data you instruct us to send them. We are not liable for loss caused by a third-party service failing.

12. Confidentiality

Each of us may receive confidential information from the other. Each will keep it confidential, use it only for the purpose of this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiver, independently developed, or required to be disclosed by law.

13. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Beyond that, and to the fullest extent permitted by law, the service is provided “as is” and we exclude all other warranties, conditions and terms implied by statute or common law. We do not warrant that the service will be uninterrupted or error-free, or that it will meet your particular requirements. Pipeline is a business tool, not legal, tax or accounting advice.

14. Liability

Nothing in these terms limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; breach of the statutory implied terms as to title; or any other liability that cannot lawfully be limited or excluded.

Subject to that:

• neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings, goodwill, or loss or corruption of data, in each case whether direct or indirect;
• our total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you paid us in the 12 months immediately before the event giving rise to the claim.

Your obligation to pay fees, and your liability under section 15, are not subject to that cap. You are responsible for keeping your own copies of your Customer Data; our liability for data loss is limited as set out above.

15. Indemnity

You will indemnify us against losses, damages and reasonable costs (including legal fees) we suffer arising from your Customer Data, your use of the service in breach of these terms, or your breach of data protection law in respect of data you instruct us to process.

16. Suspension and termination

Either party may terminate this agreement on 30 days' written notice, or immediately if the other party materially breaches these terms and fails to remedy it within 14 days of being asked to. We may suspend or terminate immediately, without notice, where we reasonably believe there is a security risk, unlawful activity, or a serious breach of section 9 - though we will tell you why and give you a chance to put it right wherever it is reasonable to do so.

On termination your right to use the service ends. You may export your Customer Data at any time during your subscription and for 30 days afterwards, after which we delete it in line with our privacy policy. Accrued rights and any clause intended to survive termination will survive.

17. Changes to the service and these terms

We improve Pipeline continually and may change features. We will not make a change that materially reduces core functionality during your paid period without notice. We may update these terms, and will email account holders at least 30 days before a material change takes effect. Continuing to use Pipeline after that means you accept the new terms; if you do not, you may cancel before they take effect.

18. Events outside our control

Neither party is liable for failure or delay caused by something beyond its reasonable control, including internet or hosting failures, power or telecoms failure, cyber attack, fire, flood, epidemic, industrial action, war or government action. If it continues for more than 30 days, either party may terminate.

19. General

• Assignment - you may not assign this agreement without our written consent. We may assign it to a group company or to a buyer of our business.
• Entire agreement - these terms, our privacy policy and our Data Processing Agreement are the whole agreement between us and replace anything said or written beforehand. Neither party relies on any statement not set out in them (though nothing excludes liability for fraudulent misrepresentation).
• Severability - if any provision is found unenforceable, the rest continues in force.
• Waiver - failing to enforce a right is not a waiver of it.
• No partnership - nothing here creates a partnership, joint venture or employment relationship.
• Third parties - no one other than you and us has rights under this agreement under the Contracts (Rights of Third Parties) Act 1999.
• Notices - we will send notices to your account email; you should send them to support@pipelineapp.co.uk.

20. Governing law

These terms and any dispute arising from them (including non-contractual disputes) are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.