Terms and Conditions

Below are the terms and conditions for using “PDCA Software” available at https://www.pdca.software.

A few definitions

In these terms: “Company”, “we”, “our”, or “us” refers to Triplet Limited, a Company registered in England number.

“You” or “your”, refers to the people or organizations that have an account to use our Service.

“Service” means all those Service accessed via the Internet domain “pdca.software”; this includes any product associated with these as well as any Service requiring our clients to sign-up such as trials or paid-for Service.

“Account” means all of those records we store related to your use of the Service as well as any implied right to use the Service; the termination of your account will in all cases remove your right to use the Service and may have other consequences, some of which are detailed below.

“Terms” means a contract for the use of the Service agreed by you and therefore made between us and you. The terms include these terms and conditions as well as any related documents mentioned within these terms and conditions.

General

Some things you should be aware of:

• If you violate these terms, we may terminate your account.
• The terms include provisions to limit our liability.
• If at any time we don’t enforce something within the terms, this does not mean that any part of them is null and void nor does it mean that these terms are being waived in whole or in part.
• You must be a human to use the Service, so, accounts registered by “bots”, artificial intelligence or other automated methods are not permitted.

Updating these terms

We may update these terms in the future. If we make a significant change to them, we will take appropriate steps to tell you about these changes. When you use our Service, you are agreeing to the terms at the time of your use.

Security and privacy

Security

You are required to use whatever security measures we deem fit in order to maintain the security of our Service. You are responsible for keeping your account details, including any passwords safe and secure. You are also required to use our Service in line with our security practices and general best practice. We shall not be liable for any and all losses or damages from your failure to adhere to this security obligation.

Privacy and GDPR

We have a separate policy, our security policy (in this paragraph referred to as the"policy") covering our Service as they relate to the General Data Protection Regulation “GDPR”. This regulation applies in the EU and the EEA. If you are based in these areas or do work in these areas, this policy probably applies to you. Even if you do not, we use these regulations as our standard for data processing. Note that this policy may contain provisions that restrict your use of the software and you should take note of these. In particular, regardless of location, you are required to adhere to any provisions that effect you within this policy as if they were part of these terms.

Privacy and your email and personal information

In addition to the above, we never give or sell your contact data it to any third party nor will we use it to send you marketing emails. We will only send you emails that concern your use of our Service. If your account has been frozen for 3 months or more, we will will delete all of your data although you may ask us to do this earlier.

Paid Service

Payment is in advance

With the exception of trial periods, you need to pay in advance using one of our accepted payment methods to keep using the Service. Failed payments may initially lead to a short period where the account is unpaid but the Service remains accessible; this is to allow for routine credit card failures but this period is at our discretion and typically will be no more than 7 days. Regardless of this discretionary period, if you do not pay, we will at some point restrict your account so that the Service will be inaccessible until a successful payment is taken.

Timing of charges

If you are upgrading from a free plan to a paid plan, we will charge your credit card immediately and your trial will end. All charges will be in advance.

Calculating your charging tier

At the end of the current billing month your charging tier is calculated on the following basis: the number of active users will determine your charging tier for the next billing month. Your billing contact will be notified of this change by the email address you have stored with us for that person.

Taxes

All fees shown on our website do not include applicable taxes, duties or levies. Where appropriate, we will add these to your invoice. Any other taxes that you may owe as a result of your use of our Service is your responsibility.

Price Increases

We reserve the right to vary our prices, charging tier structure and charging practices from time to time.

Cancellation and termination

Cancellation by you

Recommended methods

You may cancel your account at any time and should do so using one of the following methods:

• Delete all of your current payment methods in your account area (takes affect at the end of the current billing period)
• Use the “cancel my account” button in your account area (takes effect immediataly)

Other methods

If you are unable to use the methods above you may attempt to contact us by email, contact form or write to us and where possible we will delete your account for you but we can give no guarantee on the time it will take to do so or that your communication will not be inadvertantly lost or placed in junk email folders. We strongly recommend you use a recommended method to cancel your account.

Refunds

No refund of any kind shall be given for accounts cancelled during a billing period.

Exports of Data

You should export your data before you cancel your account since all of your data will be inaccessible immediately upon account cancellation. Within 90 days, all data will be permanently deleted from our servers. We cannot recover your data once it has been deleted. If wish to export your data after account cancellation, you will be required to pay for the Service again in order to retrieve it.

Suspension or cancellation by us

We have the right to suspend or cancel the Service for any reason at any time.

Reasons

We do not have to give a reason to suspend or cancel your Service, however, the following reasons are explicitly given for clarity:

• Any use of the Service for any reason other than it’s stated intent or;
• Any data that you store in the system that contravenes our data processing and protection policies or contravenes any law or regulations in either your location or ours or in a place where any of your data is being processed.
• Abuse (whether physical or verbal and including threats of abuse) by you towards any employee of the Company at any time or; towards one of your own colleagues through your use of the Service.

Note that non-payment by you will be seen as cancellation by you.

We also reserve the right to restrict the use of our Service in areas of the world subject to international sanctions. Currently, we do no allow use of our Service within the borders of Russia, Belarus or North Korea nor will we allow accounts to be created by organizations based in or controlled from those countries. If you are a charity or similar organization please contact us if you want to apply for an exemption to these rules.

Suspension by us

Suspension means you will not be able to access our Service. This may be a temporary measure and, after investigation by us, your account may be cancelled or reinstated. In the event of reinstatement, at our discretion, we will usually make a pro rata refund for accounts that were been suspended for more than 3 consecutive days.

Cancellation by us

We have the right to cancel the Service for any reason at any time.

Special consequences of cancellation by us

Cancellation by us has the same effect as cancellation by you, except that:

• where legally allowable, we will send you a copy of your data on cancellation.
• Where appropaiate we shall make a pro rata refund on your most recent invoice based on the date of our suspension and/or cancellation of your account whichever is earliest.

These exceptions will not apply if your breach of these terms is the cause of cancellation by us.

Limit of liability

The Company shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits; loss of business;loss of business opportunity; loss of anticipated saving; depletion of goodwill; or loss or corruption of data or information; or special, indirect or consequential damages; suffered by you that arises under or in connection with these termss; and our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the serrvice shall be limited to any subscription fee paid to the Company in respect of the Service for the month in which the claim arose.

Modifications to the Service and prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Service with or without notice.

Feature changes

The Service may not meet your specific requirements and it is supplied on an “as is” basis.

Sometimes we will redesign a part of the Service because:

• We think the design or features the Service could be better.
• Features are not being used.

You are welcome to suggest modifications to the Service or to provide us with feedback on modifications we make to the Service but you agree that we are the sole arbiter of the Service and that if you do not like any modifications that we make to it, our limit of liability applies and that your sole recourse is to cancel your account with us.

Price changes

Sometimes we will change the pricing structure for our products. When we do that we will give at least 30 days notice by the following methods.

• We will send an email to notify you of the change via your billing email address that we have.
• We will also place a notice about changes on the Service.

Other stuff

Uptime

We provide the Service on an “as available” basis. We do not offer Service-level agreements for our Service although you can see a record of our uptime.

Bugs and faults

Despite our best endeavours, our Service may contain the occasional bug or rely on hardware or software which fails in some unspecified way. We will do our best to remove bugs or barriers to performance as we find them but you should be aware that the Service is supplied on an “as is” basis. You are encouraged to report any problems to us although we do have automatic bug, error and speed reporting tools within our Service infrastructure.

Security

We take many measures to protect and secure your data: please take time to review our security policy.

Ownership

The Company owns the Service. This includes (although is not limited to) the intellectual property in the Service and by using it you do not become owner of acquire rights of any kind in this property or any other property which is part of the Service.

Place of Contract

The Company is based and registered in England and English law shall apply to and govern these terms and we and, as regards your use of the Service and these terms you agree to submit to the exclusive jurisdiction of the English courts.