Castline Systems - Terms of Use & End User Licence Agreement

CASTLINE SYSTEMS TERMS & CONDITIONS

1. Use of the software
1. The software must be installed on the computer it is being used on and is not suitable for installation on a server for remote access. Data may be stored in a shared network location, or 3rd party cloud storage, to which the user has full read and write access, however Castline Systems cannot be held responsible for any loss of data due to a network or any other error. The software requires online activation linked to a customer serial number. Unauthorised sharing of serial numbers is prohibited.
2. Desktop software is provided for use with Microsoft Windows and Mac OS operating systems only. Castline Systems are unable to support the use of software on other operating systems, such as Linux and Chrome OS, or by the use of an emulator or similar system.
2. Licensed Users
1. The licensee may install the software on one computer plus one additional computer or mobile device for each extra user licence purchased. The software may be transferred to a new computer(s) at a later date providing that it is uninstalled and no longer in use on the previous computer. It is the responsibility of the licensee to ensure that the number of licensed users is not exceeded. Where a subscription licence lapses, continued use is not permitted.
2. An extra user is defined as a member of the same organisation working at the same building/location. If the user does not work at the same premises or does not work directly for the organisation purchasing the software, a full copy in their company's name must be purchased. Please note that extra users are not required if the software is installed on a single shared computer, provided that only one person can access the computer at a time.
3. The standard FormFill licence includes installation of the FormFill mobile app on up to three mobile devices. Each additional mobile device beyond this allowance requires the purchase of an extra user.
3. Upgrade, Maintenance & Support
1. All active subscriptions entitle the licensee to technical support by telephone or email during office hours as well as software updates and improvements including those required by changes and amendments to BS7671.
2. Subscriptions must remain active for support and updates to continue. Lapsed subscriptions may be subject to a reinstatement fee.
4. Payment
1. Payment is required with order either by credit/debit card, PayPal, cheque or bank transfer. For online orders, all payments are processed securely via Opayo . Castline Systems does not store card details.
2. No goods or downloads will be released until full payment has been received.
3. A VAT invoice will be issued upon receipt of payment.
4. A Proforma invoice can be issued to assist in raising payment if required.
5. Delivery
1. All software is supplied as a digital download. Download instructions and licence details are provided by email once payment has cleared. CD or retail package options are no longer supplied.
6. Changes to the software
1. Castline Systems reserves the right to make such alterations or modifications to its software as it deems necessary. Such updates will be supplied through an update facility within the software, or by electronic download where appropriate and without notice to the user as often as necessary.
7. Software supplied under an annual licence
1. If the software is supplied as a subscription licence then the software may not be used after the expiry date or cancellation.
2. Continued use after expiry constitutes a breach of licence terms.
3. Castline Systems reserve the right to refuse acceptance or renewal of licences.
8. Website and Online Services
1. Access to and use of the Castline Systems website, Customer Area, downloads, and online services is provided on an “as is” and “as available” basis.
2. Castline Systems does not warrant that the website or online services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
3. While Castline Systems uses reasonable technical and organisational measures to protect its systems and customer data, no internet-based service can be guaranteed to be completely secure. Use of the website and online services is at the user’s own risk.
4. The licensee is responsible for maintaining the confidentiality of login credentials and for all activities carried out under their account.
5. Castline Systems reserves the right to suspend or restrict access to the website or Customer Area where misuse, security concerns, or breach of these Terms is reasonably suspected.
6. Certain features of the software may require an internet connection, including software activation, licence validation, online updates, and the transmission of anonymised technical or usage data relating to software functionality and performance.
7. Any data transmitted by the software for these purposes does not include personal data or project-identifiable information and is used solely to support software functionality, improve performance, and inform product development.
8. Online features, update services, and data transmission functionality are provided on an “as available” basis and may be modified, suspended, or withdrawn at any time. Castline Systems does not guarantee the availability, timing, or continuity of such services.
9. The licensee is responsible for ensuring that their systems, network environment, and security policies permit outbound internet connectivity required for the operation of online features.
9. Limited warranty and disclaimer
1. Castline Systems warrants that, for a period of ninety (90) days after delivery, the software as supplied will be free from defects that prevent installation and activation on a supported computer, provided that the licence is active. Castline Systems’ entire liability and the licensee's exclusive remedy under this warranty will be at Castline Systems’ option to: (a) use reasonable commercial efforts to attempt to correct or workaround errors, or (b) to replace the software product with a functionally equivalent alternative software product.
2. This limited warranty is void if the failure of the software has resulted from accident, abuse, misapplication, or the use of the software after the expiry or cancellation of the licence. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by Castline Systems are available without proof of purchase from an authorised non-U.K. source. The software product is licensed to the licensee on an as-is basis without any warranty of any nature.
3. No other warranties except for the above express limited warranties.
4. To the maximum extent permitted by applicable law, Castline Systems and its suppliers make no other warranties or conditions, express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The licensee acknowledges that ongoing access to updates, functionality, and support is conditional upon an active licence or subscription. Castline Systems does not warrant that the operation of the software will be uninterrupted or error free, or that it will meet the licensee's specific requirements.
5. This warranty is provided subject to the limitation of liability set out below.
10. Limitation of Liability
1. Nothing in these Terms shall limit or exclude Castline Systems’ liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability which cannot be limited or excluded under applicable law.
2. Subject to the above, Castline Systems shall not be liable for any loss of data, loss of profits, loss of business, loss of goodwill, business interruption, or any indirect, incidental, special or consequential loss or damage arising out of or in connection with the use of the software, the website, or any related services, whether caused by tort (including negligence), breach of contract or otherwise, even if Castline Systems has been advised of the possibility of such loss.
3. Castline Systems shall not be responsible for any loss or damage arising from the licensee’s failure to maintain adequate data backups, security measures, or system compatibility.
4. Subject to the above, Castline Systems’ total aggregate liability in respect of all claims arising under or in connection with these Terms shall be limited to the total amount paid by the licensee for the software or subscription during the twelve (12) months preceding the claim.
5. The licensee acknowledges that the fees paid for the software reflect this allocation of risk.
11. Refunds
1. In the event that the software has been activated or supplied as a digital download, refunds are only available within 14 days of purchase and only while the licence is active. Refunds will not be granted once a licence has expired or been cancelled. Subscription payments already taken are non-refundable.
2. Refunds provided under this section constitute the licensee’s sole monetary remedy in respect of the software, subject always to the limitation of liability set out in these Terms.
3. Postage and packing charges are never refunded.
4. The acceptance of returned items is solely at the discretion of Castline Systems. Castline Systems are not required by law to refund software that has been supplied as a digital download, except where required under statutory consumer rights.
12. Prohibitions
1. Under no circumstances may the licensee or anyone other than Castline Systems; modify, prepare derivative works from, translate, reverse engineer, decompile, disassemble or otherwise derive source code from the software product (except to the extent that such acts are expressly permitted by applicable law notwithstanding this limitation).
2. Under no circumstances may the licensee or anyone other than Castline Systems; copy the software product (except as provided above) or the accompanying documentation; rent, transfer, disclose, make available or grant any rights in the software product (including any accompanying documentation) in any form to any person without the prior written consent from Castline Systems. Licence serial numbers and individual user accounts (email/password) may not be shared or transferred without Castline Systems’ consent.
3. The removal of any proprietary notices, labels, or marks on the software product (including any accompanying documentation); the use of the software product in any manner that infringes the intellectual property or other rights of another party; or the use the software product to provide online or other database services to any other person are strictly prohibited by Castline Systems.
13. Miscellaneous
1. This agreement shall constitute the entire agreement between Castline Systems and Licensee and supersedes all prior agreements, understandings, communications, proposals or representations, oral or written, by either party. This Agreement shall be amended only by an executed writing by authorised representatives of both parties. These Terms and Conditions are governed by English law and disputes are subject to the jurisdiction of the courts of England and Wales.
14. Personal information
1. Additional information on how Castline Systems use personal information may be found in Castline Systems' Privacy Policy. All payment data is handled securely by PCI DSS compliant providers (Opayo/Elavon, PayPal) and is never stored by Castline Systems.

Monthly Subscription Additional Terms and Conditions

1. Personal information
1. By providing your payment details you agree to enter into a subscription agreement with Castline Systems
2. Customer information is stored securely with Castline Systems for the purposes of customer service
3. Subscription payment may only be setup using a credit or debit card online
4. Payment information, including credit/debit card details, is not held by Castline Systems
5. By signing-up to this subscription you give permission for your personal data to be stored by our payment provider by way of secure stored payment credentials (tokenisation) for the purposes of automatically taking subsequent subscription payments
6. Stored credentials may be removed at request
7. More information on how Castline Systems use personal data can be found in Castline Systems’ Privacy Policy
2. Cancellation
1. The subscription may be cancelled at any time by following the instructions outlined in the Customer Area. Upon receipt of a cancellation request, Castline Systems will immediately cease to collect further subscription payments
2. The subscription will remain active indefinitely all the time payment is received by Castline Systems. The subscription will automatically cease in the following cases:
3. A cancellation notification is received by Castline Systems
4. In the event that repeated attempts to take payment have failed, access to the software may be suspended immediately
5. No cancellation fees will apply however subscription payments taken in advance are non-refundable
6. Confirmation of cancellation will be automatically sent via email. If no confirmation is received then you must contact Castline Systems
3. New Customers
1. A new customer is defined as an individual or company that has not purchased any products or services from Castline Systems within the last 5 years.
2. Only new customers signing-up to a new subscription may be granted the first monthly period free-of-charge
3. This free-of-charge period is solely at the discretion of Castline Systems
4. Authenticated payment details are still required to set up the initial subscription and authorisation of payment is deferred until the end of the first period which is taken automatically unless a cancellation notice has been received by Castline Systems.
5. First payment will be automatically processed up to three days before the end of the free-of-charge period
4. Repeat Payment
1. After a successful first payment, sequential monthly payments are processed automatically up to three days in advance of the renewal date
2. This is to allow time to rectify a payment issue before the subscription expires
3. The payment method may be changed from the one initially or previously provided. This can be done at any time by following the link in the Customer Area and entering new payment details
4. Changing payment method sets up a new CoF with the payment provider to be used the next time payment is due and for subsequent payments until the subscription is either cancelled or the payment method is changed again