FigMayo terms of service

Please read carefully before accessing any services or downloading any software from this website.

  1. Introduction

We are DocMayo Limited (t/a FigMayo), a company incorporated and registered in England and Wales with company number 14937378 whose registered office is at 5 Providence Court, Pynes Hill, Exeter, EX2 5JL ('we', 'us', 'our' or 'FigMayo'). 

We operate the website "https://www.figmayo.com/" (the 'Site') and the core FigMayo platform accessed via the Site and as described in more detail on the Site (the 'Platform') (the Site and the Platform, and any other related products or services accessed via the Site collectively the 'Services').

Your use of and access to the Services is conditional on your compliance with and acceptance of these terms. 

Acceptance. By indicating your acceptance or accessing the Services, you agree to be bound by these terms and conditions and all documents, information and policies referred to in them ('Terms of Service'). If you are accepting these Terms of Service on behalf of an entity, you represent that you have the authority to do so. References to 'you' or 'your' are to you in your individual capacity or to your organisation, as applicable. These Terms of Service apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

Platform registration. We will provide the Services and you may access and use the Services, in accordance with these Terms of Service. We may provide any of the Services through any of our Affiliates. Please note that any online registration or order pages you use to sign-up to the Platform (each an 'Order') may contain additional terms and conditions and information regarding the Services you are ordering, which are hereby incorporated into these Terms of Service. 

Definitions. The definitions and rules of interpretation set out at Schedule 1 apply to these Terms of Service. 

  1. Services

Services. We will provide the Services using a reasonable level of care, skill and diligence, in all material respects in accordance with any description on any Order. Any dates for the performance of the Services are estimates only. We will provide any standard updates to the Services that are made generally available by us to all our customers. We may, in our sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. 

  1. Use of the Services and your responsibilities

Your use of the Services. You may only use the Services pursuant to these Terms of Service, including the Acceptable Use Policy as set out at Schedule 2 to these Terms of Service. Subject to your compliance with these Terms of Service, we grant you a non-exclusive, non-transferable, personal right to use the Services. You are solely responsible for your use of the Services and shall abide by, and ensure compliance with, all laws in connection with your use of the Services, including but not limited to laws related to intellectual property. 

Registration information. You will need to provide information about yourself in order to register for and/or use certain Services, including the Platform. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.

Access to the Services. We provide the Services to you through the Platform and other contact channels, such as email, and so you need to keep your contact details up to date. We try to make sure that the Services are accurate, up-to-date and free from bugs, but we cannot promise that they will be. Services, content and features may not be available at all times or in all regions.

Customer Data. You agree that you are solely responsible for any Customer Data sent or transmitted by you or displayed or uploaded by you in using the Services and for compliance with all laws pertaining to the Customer Data, including laws requiring you to obtain the consent of a third party to use the Customer Data and to provide appropriate notices of third party rights.  

You represent and warrant that you have the right to upload the Customer Data to the Platform and that such use does not violate or infringe on any rights of any third party and/or our Acceptable Use Policy. Under no circumstances will we be liable in any way for any (a) Customer Data that is transmitted or viewed while using the Services, (b) errors or omissions in the Customer Data, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Customer Data. Although we are not responsible for any Customer Data, we may delete any Customer Data, at any time without notice to you, if we become aware that it violates any provision of these Terms of Service, or any law. You retain copyright and any other rights you already hold in any Customer Data which you submit, post or display on or through, the Services. 

Acceptable Use. You agree to use the Services in accordance with the Acceptable Use Policy.

Limitations on use. You may not reproduce, resell, extract, re-utilise or distribute the for any purpose unless you have been specifically permitted to do so under a separate agreement with us. 

In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Services. You may not offer or enable any third parties to use the Services purchased by you, display on any website or otherwise publish the Services or any Content obtained from a Service (other than any Customer Data) or otherwise use the Services for the development, production or marketing of a service or product substantially similar to the Services.

  1. Terms applicable to the Site

Information on the Site. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

Third party content. The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Third-Party links. The Site may contain links to third-party websites or resources ('Third-Party Services'). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.

  1. Intended use

Intended use. The Services are intended for business use only. You may choose to use the Services for other purposes where specified in an Order or otherwise agreed in writing by FigMayo, subject to the terms and limitations of these Terms of Service.

  1. Charges and cancellation

Fees. We charge a subscription fee for access to our Services. Subscription fees will be payable for each Subscription Term. Further details of fees and payment methods can be found on the Order. Unless stated to the contrary, fees for accessing the Services are exclusive of VAT or other charges imposed by law from time to time, and you shall in addition pay such VAT and other charges at the rate and in the manner prescribed by law from time to time.

Your Account. You agree that we may charge to your credit card or other payment mechanism selected by you and approved by us ('Your Account') all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. 

Variation of Fees. We may change prices at any time on no less than 30 days' notice to you (and where applicable, such changes will take effect at the beginning of the next Subscription Term), provided, however, that we will provide you with prior notice and an opportunity to terminate your subscription to the Services at the end of the current Subscription Term if you do not agree to the new price. You agree that in the event we are unable to collect the fees owed to us for the Services through Your Account, we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that we may collect interest at 4% per month on any amounts not paid when due. 

Cancellation. You may cancel your subscription at any time by going to your "Account" page and following the instructions for cancellation. If you cancel, you will not be billed for any additional term of the Services, and the Services will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any Services already paid for.

Free Trial. We offer new users a 7 day free trial after registering for the Services ('Free Trial Period'). At the end of the Free Trial Period, Your Account will be charged according to the relevant subscription you have selected under the Order. 

Promotional offers. We may, from time to time, offer various promotions or offers. Unless otherwise stated by us, these Terms of Service will continue to apply to such promotion or offer. In respect of any promotion or offer, we may, in our absolute discretion, end or withdraw the promotion or offer without warning.

  1. Termination

Termination. Our Platform contains information on how to terminate your subscription to the Services. If you fail to comply with any provision of these Terms of Service, we may terminate the Services and these Terms of Service immediately and retain any fees previously paid by you. In the event we terminate these Terms of Service for our convenience only, we shall refund you the cost of any remaining period under your Subscription Term. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current Subscription Term. Your Order may provide that a Renewal Term will begin automatically and unless you cancel your subscription before your billing date, you authorise us to charge the subscription fee for the next Renewal Term to your prescribed payment method. 

Post-termination. Any provision that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms of Service shall remain in full force and effect. Upon any termination of these Terms of Service, you must cease any further use of the Services. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process.

  1. Intellectual property rights

Services and Content. We are the owner or the licensee of all intellectual property rights in the Services and the Content. We or our licensors own all intellectual property rights in any data created by or on behalf of us. The rights in the Services and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

Customer Data. All intellectual property rights in any Customer Data inputted by you into the Platform shall remain owned by you or the relevant third party owner. By agreeing to these Terms of Service, you grant us a royalty-free, non-transferable, non-exclusive licence to use, copy or otherwise utilise the Customer Data to the extent necessary to perform or provide the Services.

Improvements. You agrees that we may de-identify Customer Data to render it Anonymous Data, which may then be used by FigMayo for the purposes of improving the Services, our operations and systems, including any artificial intelligence systems developed or operated by FigMayo. You grant to FigMayo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sub-licensable licence to use, copy and other otherwise utilise Anonymous Data to improve FigMayo's services and operations, which shall include formatting and cleansing the Anonymous Data, analysing the Anonymous Data to identify patterns and drawing conclusions to improve artificial intelligence systems and/or using Anonymous Data to improve, develop or train any features or functionality of any artificial intelligence systems. Any intellectual property rights in data, analysis and improvements derived from our use of any Anonymous Data shall be owned by us.

Feedback. We may use any feedback and suggestions for improvement relating to the Services provided by you without charge or limitation ('Feedback'). You hereby assign all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future intellectual property rights) to FigMayo at the time such Feedback is first provided to FigMayo.

Legal notices. Nothing in these Terms of Service grants you any legal rights in the Services or the Content other than as necessary for you to access it, except as otherwise expressly stated in these Terms of Service. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or Site (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Services or the Content.  

  1. Warranties

Warranties. You understand and agree that the services are provided "as is" and we, our affiliates and suppliers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. We, our affiliates and suppliers make no warranty or representation regarding the results that may be obtained from the use of the Services, regarding the accuracy or reliability of any information obtained through the Services or that the Services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the Services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the Services. The entire risk arising out of use or performance of the Services remains with you. We cannot guarantee and do not promise any specific results from use of the Services. We make no promises that the Services are appropriate or available for use in locations outside of the UK. If you choose to access the Services from locations outside of the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply. 

We does not provide investment advice or any advice on or in connection to any regulated or professional services or activities. Information provided by FigMayo or provided in connection to the Services is not intended to provide and does not constitute financial or investment advice. FigMayo makes no representation regarding the advisability or suitability of investing in any particular financial product, shares, securities, company, investment fund, pension or other vehicle or of using the services of any particular organisation, consultant, asset manager, broker or other service provider for the provision of investment services.

  1. Indemnity 

Indemnity. You agree to indemnify, defend and hold us harmless, including our affiliates, officers, directors, employees, consultants, agents and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Services, your violation of these Terms of Service or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

  1. Limitation of liability

Limitation of liability. To the maximum extent permitted by applicable law, in no event will we or our affiliates or suppliers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or otherwise, even if we, our affiliates or suppliers have been advised of the possibility of such damages. We do not in any way exclude or limit our liability for any liability which cannot be limited by law.

Our maximum aggregate liability (including that our affiliates and suppliers) and your exclusive remedy for any claims arising out of or related to these Terms of Service will be limited to the amount actually paid by you for the Services in the 12 months preceding the event or circumstances first giving rise to such claims. 

Accuracy of information. We cannot be responsible for the accuracy of information you input into the Platform, or data we receive from third parties. To the fullest extent permitted by law, we shall not be responsible or liable for any of the following: (i) the inputting of your account information into the Platform and its security; (ii) your inputting of information in respect of the Services or other information we request from you in order to provide the Services; (iii) the accuracy, quality and integrity of data retrieved from third party sources; (iv) delays, failures or loss of or damage to data arising from the transfer of data over the internet or other communications networks or facilities; and (v) back-ups of your account information or any other data.

Promotional offers. In the event you subscribe to and use the Services during a Free Trial Period or otherwise free of charge in accordance with a promotional offer, we have no liability to you whatsoever for any loss or damage that you may suffer as a result of using the Services. 

  1. Privacy policy 

Privacy policy. We will process your personal data in connection with your use of the Services in accordance with our privacy policy available at: [insert link] which is incorporated into these Terms of Service by reference. 

  1. Other important information

General. We may elect to change or supplement these Terms of Service from time to time at our sole discretion. We will exercise commercially reasonable business efforts to provide notice to you of any material changes to these Terms of Service. Within ten (10) business days of posting changes to these Terms of Service (or ten (10) business days from the date of notice, if such is provided), they will be binding on you. If you do not agree with the changes, you may delete your account and contact us for a pro-rata refund. If you continue using the Services after such ten (10) business-day period, you will be deemed to have accepted the changes to these Terms of Service. In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into these Terms of Service. 

Severability. Each of the sections and paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver. Failure by us to enforce any of our rights under, or to enforce any provision of, these Terms of Service will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.  

Entire agreement. These Terms of Service constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

Events outside of our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, government action, downtime or outages or supplier, or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. 

Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please visit your "Account" page for details of how to get in touch with us.

Governing law and jurisdiction. Anything related to your subscription and use of the Services, or these Terms of Service are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms of Service.

Schedule 1 – Definitions and Interpretation

  1. Definitions:

Affiliate

with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party. For the purposes of these Terms of Service, 'control' means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.

Anonymous Data

means data (including Customer Data) that has been de-identified and/or aggregated with other data to such an extent that data subjects are no longer identified, identifiable or otherwise ascertainable by reference to or with the combination of other datasets.

Content

content provided as part of the Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same, but excluding all Customer Data.

Customer Data

means all data (in any form) that is provided to FigMayo or uploaded or hosted on any part of any Services by you (but excluding any Feedback).

Renewal Term

the renewal subscription term for the Services commencing after the Subscription Term or another Renewal Term as specified in an Order.

Subscription Term

the subscription term for a Service as specified in an Order.

  1. Interpretation:
  1. Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms of Service.
  2. The Schedules form part of these Terms of Service and shall have effect as if set out in full in the body of these Terms of Service. Any reference to these Terms of Service includes the Schedules.
  3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  4. Unless expressly provided otherwise in these Terms of Service, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time, and shall include all subordinate legislation made from time to time under that legislation.
  5. A reference to writing or written includes email and excludes fax.
  6. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

Schedule 2 – Acceptable Use Policy

As a user of the Services, you agree not to: