Welcome to Presso Network Limited.
Please read this EULA carefully before using the Presso App or Online Software.
By clicking "Accept Agreement" during installation or by using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, you must click "Reject Agreement" and discontinue use of the Software.
1. Definitions
Unless otherwise stated, the following definitions apply in this EULA:
- "Charges" – The fees agreed in writing between the User and the Licensor for the use of the Software under this EULA.
- "Documentation" – Official documentation related to the Software, provided by the Licensor.
- "Effective Date" – The date on which the User agrees to this EULA, following its issuance by the Licensor.
- "EULA" – This End User Licence Agreement, including any amendments made over time.
- "Force Majeure Event" – Any unforeseen event beyond the reasonable control of the affected party, including but not limited to:
- Internet or public telecommunications failures
- Cyberattacks, malware infections, or denial-of-service attacks
- Power failures
- Industrial disputes involving third parties
- Changes in law or regulation
- Natural disasters, explosions, fires, floods, riots, terrorism, or war
- "Intellectual Property Rights" – All intellectual property rights, whether registered or unregistered, including but not limited to copyrights, database rights, trade secrets, trademarks, patents, designs, and associated applications.
- "Licensor" – Presso Network Ltd, a company registered in England and Wales under company number 11569104, with its registered office at: C/O The Accountancy Partnership, Suite 5, 5th Floor, City Reach, 5 Greenwich View Place, London E14 9NN, United Kingdom.
- "Licensor Indemnity Event" – As defined in Clause 13.1.
- "Maintenance Services" – The provision of Updates and Upgrades for the Software.
- "Minimum Term" – A 12-month period starting from the Effective Date.
- "Services" – Any services the Licensor provides under this EULA.
- "Software" – The Presso App and Online Software.
- "Software Defect" – A technical fault affecting the Software’s functionality, excluding defects caused by:
- User errors or misuse.
- Use of the Software in ways not outlined in the Documentation.
- The User failing to comply with this EULA.
- Incompatibility with third-party systems not specified in the Software Specification.
- "Software Specification" – The official specifications outlined in the Documentation.
- "Source Code" – The human-readable code of the Software, including compiled or decompiled code, but excluding interpreted code.
- "Support Services" – Assistance with Software usage and error resolution, but excluding training services.
- "Term" – The period in which this EULA remains in effect, as set out in Clause 3.
- "Update" – A minor software improvement, such as patches, bug fixes, or security updates.
- "Upgrade" – A major version release introducing significant new features.
- "User" – The individual or entity granted the right to use the Software under this EULA.
- "User Indemnity Event" – As defined in Clause 13.3.
2. Term
2.1 This EULA takes effect on the Effective Date and remains in force until terminated as per Clause 15 or any other applicable provision.
2.2 This EULA will automatically terminate if the Software is deleted, unless otherwise specified in this agreement.
3. Licence
3.1 The Licensor (Presso Network Ltd.) grants the User a worldwide, non-exclusive licence to:
- (a) Install the Software.
- (b) Use the Software in accordance with the provided Documentation.
This licence remains valid until the Software is deleted, subject to the limitations outlined in Clause 4.
3.2 The User may not sub-license or attempt to transfer any rights granted under Clause 3.1 without the prior written consent of the Licensor.
4. Source Code
4.1 This EULA does not grant the User, or any third party, any rights to access, modify, or use the Source Code of the Software.
4.2 The Software is licensed for use as provided and does not include a licence to its underlying Source Code.
5. Maintenance Services
5.1 The Licensor will provide Maintenance Services to the User until the Software is deleted.
5.2 The Licensor will perform Maintenance Services with a standard of skill and care expected from a leading provider in the industry.
5.3 The Licensor warrants that applying official Updates and Upgrades will not introduce Software Defects.
5.4 The Licensor also warrants that applying Updates and Upgrades in accordance with its instructions will not introduce defects.
5.5 The Licensor may suspend Maintenance Services if:
- Any payments due under this EULA are overdue.
- The Licensor provides at least 14 days' written notice after the overdue amount becomes payable.
5.6 The Licensor may terminate Maintenance Services by providing 14 days' written notice to the User.
5.7 If the Licensor permanently ceases offering Maintenance Services to all customers, it may terminate these services with 14 days' written notice.
5.8 If Maintenance Services are terminated:
- (a) The User must pay any outstanding Charges for services received before termination.
- (b) The Licensor must refund any prepaid Charges for services scheduled after termination.
- (c) The remaining terms of this EULA will continue to apply, except those related to Maintenance Services.
6. Support Services
6.1 The Licensor will provide Support Services to the User until the Software is deleted.
6.2 Support Services will be delivered in line with industry best practices.
6.3 The Licensor may suspend Support Services if:
- Any payments due under this EULA are overdue.
- The Licensor provides at least 14 days' written notice after the overdue amount becomes payable.
6.4 The Licensor may terminate Support Services by providing 14 days' written notice.
6.5 If Support Services are terminated:
- (a) The User must pay any outstanding Charges for services received before termination.
- (b) The Licensor must refund any prepaid Charges for services scheduled after termination.
- (c) The remaining terms of this EULA will continue to apply, except those related to Support Services.
7. No Assignment of Intellectual Property Rights
7.1 This EULA does not transfer or assign any Intellectual Property Rights from the Licensor to the User, or vice versa. All rights in and to the Software remain with the Licensor (Presso Network Ltd.).
8. Charges
8.1 The User must pay the Charges as specified in this EULA.
8.2 All amounts stated are inclusive of VAT and any other applicable taxes, unless explicitly stated otherwise. Any applicable VAT will be added and payable by the User.
9. Payments
9.1 The Licensor will issue invoices for the Charges at the end of each month.
9.2 The User must pay all invoices within 14 days of receipt.
9.3 Payments must be made using one of the following methods:
- Debit card
- Credit card
- Direct debit
- Bank transfer
9.4 If the User fails to pay any outstanding amount, the Licensor may:
- (a) Charge interest on the overdue amount at 8% per annum above the Bank of England base rate, accruing daily until full payment is made.
- (b) Pursue statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
10. Warranties
10.1 The Licensor warrants that it has the legal right and authority to enter into and perform this EULA.
10.2 The Licensor warrants that the Software:
- (a) Conforms to the Software Specification.
- (b) Is supplied free from Software Defects.
- (c) Is supplied free from malware, including viruses, worms, ransomware, spyware, and adware.
- (d) Includes security features that meet good industry practices.
10.3 The Licensor warrants that, when used in accordance with this EULA, the Software does not violate any applicable laws under English law.
10.4 The Licensor warrants that the Software does not infringe any third-party Intellectual Property Rights.
11. Acknowledgements & Warranty Limitations
11.1 The User acknowledges that complex software is never entirely free from defects, errors, or bugs. The Licensor does not guarantee that the Software will be completely free from such issues.
11.2 The User acknowledges that all software contains some level of security vulnerabilities. The Licensor does not guarantee that the Software is completely secure.