Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Hustle. invoicing and customer relationship management platform ("Service"), operated by Elevated Software Limited ("Company", "we", "us", or "our"), a company registered in England and Wales.

Hustle. is a cloud-based software-as-a-service (SaaS) platform designed to help freelancers, self-employed individuals, contractors, and small businesses create invoices and manage client relationships.

2. Definitions

In these Terms:

• "Account" means the account you create to access and use the Service.
• "Content" means any information, data, text, graphics, or other materials uploaded, downloaded, or appearing on the Service.
• "User" means any individual who accesses or uses the Service, including Account holders and team members.
• "Subscription" means the paid plan you have selected to access the Service.
• "Personal Data" has the meaning given in the UK General Data Protection Regulation (UK GDPR).

3. Account Registration

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Service under applicable laws.

3.2 Account Creation

When you create an Account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your Account information;
• Keep your password secure and confidential;
• Accept responsibility for all activities that occur under your Account;
• Notify us immediately of any unauthorised use of your Account.

3.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials. We will not be liable for any loss or damage arising from your failure to protect your Account information.

4. Subscriptions and Payment

4.1 Subscription Plans

We offer the following subscription plans:

• Starter: £5 per month
• Pro: £12 per month
• Business: £25 per month

All prices are exclusive of VAT. VAT will be added where applicable. Features and limitations for each plan are described on our website and may be updated from time to time.

4.2 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By providing your payment information, you authorise us to charge your chosen payment method for your initial subscription and all subsequent recurring payments until you cancel.

4.3 Billing Cycle

Subscriptions are billed monthly. Your first payment is due upon registration, and subsequent payments will be automatically charged on the same date each month. If your payment date falls on a day that does not exist in a given month, you will be charged on the last day of that month.

4.4 Price Changes

We reserve the right to change our subscription prices at any time. If we change prices, we will provide you with at least 30 days' notice before the new prices take effect. Continued use of the Service after the price change constitutes acceptance of the new prices.

4.5 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your access to the Service. You remain responsible for any outstanding amounts.

4.6 Refunds

All subscription fees are non-refundable. Once a payment has been processed, no refunds will be issued. By subscribing to the Service, you acknowledge and agree that all charges are final. If you cancel your subscription, you will retain access until the end of your current billing period, but no partial or full refunds will be provided.

5. Cancellation

5.1 How to Cancel

You may cancel your subscription at any time through your Account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

5.2 Effect of Cancellation

Upon cancellation:

• You will retain access to the Service until the end of your current billing period;
• No further charges will be made to your payment method;
• Your data will be retained for 30 days, after which it may be permanently deleted;
• You may export your data before the retention period expires.

6. Use of the Service

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service solely for:

• Creating and managing invoices for your business;
• Managing client and contact information;
• Other business purposes as intended by the Service.

6.2 Prohibited Use

You agree not to:

• Use the Service for any illegal or unauthorised purpose;
• Violate any applicable laws or regulations, including tax laws;
• Infringe upon the rights of others;
• Transmit any viruses, malware, or other harmful code;
• Attempt to gain unauthorised access to the Service or its systems;
• Interfere with or disrupt the Service or servers;
• Use the Service to send spam or unsolicited communications;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Use automated systems or software to extract data from the Service;
• Resell, sublicense, or redistribute the Service without our written consent;
• Use the Service to create fraudulent invoices or engage in financial fraud.

7. Your Content and Data

7.1 Ownership

You retain all ownership rights to the Content you upload, create, or store on the Service. We do not claim any ownership interest in your Content.

7.2 Licence to Us

By uploading Content to the Service, you grant us a limited, non-exclusive, royalty-free licence to store, process, and display your Content solely for the purpose of providing the Service to you.

7.3 Your Responsibilities

You are solely responsible for:

• The accuracy and legality of your Content;
• Ensuring your invoices comply with applicable laws, including HMRC requirements;
• Maintaining appropriate backups of your data;
• Ensuring you have the right to use any logos or images you upload.

7.4 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and branding (excluding your Content), is and will remain the exclusive property of Elevated Software and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

8.2 Trademarks

"Hustle." and the Hustle. logo are trademarks of Elevated Software. You may not use our trademarks without our prior written consent.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use, modify, and incorporate such feedback into the Service without any obligation to you.

9. Third-Party Services

The Service may integrate with or contain links to third-party services, including:

• Stripe: For payment processing
• Other integrations as may be added from time to time

We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

10. Service Availability and Modifications

10.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavour to provide advance notice);
• Emergency repairs;
• Factors beyond our reasonable control.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of any material changes that adversely affect your use of the Service.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory;
• We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement;
• We do not warrant that the Service will be error-free, secure, or uninterrupted;
• We do not warrant the accuracy, completeness, or reliability of any Content.

Nothing in these Terms excludes or limits any warranty implied by law that it would be unlawful to exclude or limit.

12. Limitation of Liability

12.1 Exclusion of Liability

To the maximum extent permitted by applicable law, Elevated Software and its directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Any damages resulting from your use or inability to use the Service;
• Any unauthorised access to or alteration of your Content;
• Any errors, inaccuracies, or omissions in the Service.

12.2 Cap on Liability

Our total aggregate liability to you for any claims arising from or relating to these Terms or the Service shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

12.3 Statutory Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any other liability that cannot be excluded or limited by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Elevated Software and its directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service;
• Your Content;
• Your violation of these Terms;
• Your violation of any applicable laws or regulations;
• Your infringement of any third-party rights.

14. Termination

14.1 Termination by You

You may terminate your Account at any time by cancelling your subscription and deleting your Account through the Account settings.

14.2 Termination by Us

We may suspend or terminate your Account immediately, without prior notice or liability, if:

• You breach any provision of these Terms;
• You fail to pay any fees when due;
• We are required to do so by law;
• We reasonably believe your conduct may cause harm to us, other users, or third parties.

14.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease;
• We may delete your Account and Content;
• Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us and attempt to resolve any dispute informally. We will make good faith efforts to resolve any issues within 30 days.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

15.3 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, this does not affect your statutory rights as a consumer to bring proceedings in your local courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevated Software regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Notices

We may send you notices via email to the address associated with your Account. You are responsible for keeping your email address current. Notices sent by email are deemed received on the date sent.

16.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, government actions, or failures of third-party services.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on the Service;
• Sending you an email notification;
• Displaying a prominent notice within the Service.

Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: