Terms and conditions

Last updated: 25 June 2024

1. Agreement To Terms

These Terms and Conditions constitute a legally binding agreement (the "Agreement") made between you, whether personally or on behalf of an entity ("you") and With Otto Limited ("Trading as name", "we", "us" ', or "our"), concerning your access to and use of our site, https://withotto.app, and/or services (collectively, the "Service").

With Otto Limited is a limited company registered in England and Wales (registration number 15923965), whose registered office is at 27 Old Gloucester Street, London, WC1N 3AX.

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. Supplemental terms and conditions or documents that may be posted by us from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms when using the Service so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms and Conditions are posted.

The information provided regarding the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.

2. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics relating to the Service (collectively, the "Content") and any trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. Except as expressly provided in these Terms and Conditions, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. Representations

By using the Service, you represent and warrant to us that:
a) you have capacity to enter into the Agreement and to provide any instruction;
b) you have read and understood the Agreement and understand the risks involved in entering into the transactions contemplated by it;
c) you understand and acknowledge that although the Service is provided to enable to you complete bank reconciliations, we do not guarantee the successful completion of bank reconciliations;
d) you understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we are provided with, and which in turn, is provided to you, neither we nor any of our directors or employees make any representation or warranty, express or implied, as to the accuracy or completeness of such information; and
e) any information provided by you to us is complete, accurate and up to date.

4. Availability Of The Service

We will take all reasonable steps to ensure that the Service is available for you to use at any time. However, there may be times where the Service is unavailable. If this happens, where possible we will seek to provide you with notice in advance or as soon as we can. You can also contract us by email at support@withotto.app.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

5. Fees And Payment

In consideration of entering into this Agreement and accessing the Service, you will pay to us all applicable fees as set out at https://withotto.app/

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We may change prices at any time, with 30 days’ notice.

6. Free Trial

We offer a 30-day free trial to new users. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

7. Termination

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us at support@withotto.app. Your cancellation will take effect at the end of the current paid term.

We may terminate the Agreement on giving you at least two months’ notice, unless the following apply (or we reasonably suspect them to), in which case we may terminate the Agreement with immediate effect if:
a) you do not comply with any requirement relating to fees and charges due to us,
b) you fail to comply with the Agreement,
c) you have acted fraudulently or negligently,
d) we feel it is required to prevent any imminent threat to the security of the Service.

8. Limitation Of Liability And Indemnity

We shall only be liable for any loss or damage directly resulting from our breach of this Agreement or our negligence or wilful misconduct, and in any event, only up to a maximum amount of £5000.

Every care is taken to maintain the standard and ongoing operation of the Service, however the internet is now always a stable medium, and interruptions of service may occur at any time. We do no accept any ongoing obligation or responsibility to operate the Service.

We will not be liable for any damages, loss of business, loss of profits, loss of reputation, or loss or corruption of date, caused by ant act of omission by us under this Agreement.

9. Privacy Policy

Any personal information provided to us, or which we otherwise obtain, will be dealt with in line with our Privacy Policy.

10. Complaints Procedure

Complaints should be submitted to support@withotoo.app. We will then investigate and send an initial response.

We aim to resolve complaints within five business days of receiving the complaint. If this is not possible, we will provide you with an update on the progress.

11. Electronic Communications

You consent to us communicating you by email or by placing information within the Service. This includes receiving confirmations and other reports.

12. Third Party Rights

No party will have any rights to enforce any terms of this Agreement that they would not have had but for the Contracts (Rights of Third Parties) Act 1999. Our affiliates may enforce this Agreement as if they had been a party.

13. Governing Law And Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by the law of England and Wales. Each party agrees to submit any dispute to the exclusive jurisdiction of the courts of England and Wales.

14. Force Majeure

Except as set out otherwise, neither party will be liable for any loss caused directly or indirectly from circumstances not within its control, including but not limited to acts of God (including pandemics or any other endemic healthcare crisis) government restrictions, exchange or market rulings, actions affecting securities, clearing or commodity exchanges including suspensions of trading or extensions of trading hours, dealing cut-off times and holidays, acts of civil or military authority, national emergencies, natural disasters, wars, riots or acts of terrorism, industrial disputes, acts or regulations of any governmental or supranational bodies and authorities or the failure or malfunction of any telecommunication or computer service.