Terms of service

These terms are the agreement between you and 53 Degrees App LTD, trading as 53° ("we", "us") for using the app at 53degrees.app. You accept them when you create an account, start a trial or use the app.

53° is a tool for running a business. If you use it for a company or other organisation, you accept these terms for that organisation and confirm you're allowed to. "You" then means the organisation as well as you. The app isn't meant for consumers, and you must be 18 or over to use it.

Three other pages sit alongside these terms. The privacy policy and the cookie policy explain how we use personal data. The data processing terms on the data protection page are part of this agreement.

53° is run by:

Company

53 Degrees App LTD

Company number

16727854

ICO registration

ZC077341

Email

support@53degrees.app

• Give us accurate details when you sign up, and keep them up to date.
• An account is for one person. Don't share it.
• Keep your password, passkey and sign-in codes to yourself. Every password sign-in asks for a second step, and you can't turn that off.
• You're responsible for what happens under your account. Tell us straight away if you think someone else has used it.

Your work lives in an organisation. Whoever creates it is its owner, and the owner and admins decide who joins and what each person can do.

• The organisation is responsible for everyone it invites, guests included, and for what they do in the app.
• What members add to an organisation belongs to the organisation. It stays there when a member leaves.
• The owner can hand ownership to another member, and only the owner can delete the organisation.

Every organisation needs a plan. There's no free plan. The plans, their prices and their limits are shown in the app before you choose one.

• Free trial. A new organisation gets one 28-day free trial. You add a card to start it. We take your first payment on the day the trial ends unless you cancel before then.
• Monthly billing. After the trial we charge your plan each month, in advance, until you cancel.
• Additional users. Each plan includes one user. Every further user is charged monthly from the day they join until they leave. Guests are free, up to your plan's limit.
• Extra storage. File storage over your plan's allowance is charged per GB, on the most you used that month. You can set a monthly spend cap. When you reach it, uploads pause until your next billing month.
• Tax and currency. Prices exclude VAT and other sales taxes, which we add where they apply. You choose your currency when you first subscribe and it stays the same after that.
• Changing plan. A change happens straight away. What's left of the month on your old plan is credited or charged on your next invoice.
• Failed payments. If a payment fails we email you and try again over the next few days. If it still can't be taken, your plan ends.
• Price changes. We'll email your organisation's owner at least 30 days before a price rise. It applies from your next billing month after that notice.
• Refunds. Payments aren't refundable, unless the law requires it or these terms say otherwise.

Stripe takes payments for us. Your card details go to Stripe and we never see or store the full number.

You can cancel at any time from Plan and billing in the app. You keep everything until the end of the month you've paid for.

• When an organisation has no plan, the app is paused for everyone in it. Nothing is deleted, and choosing a plan brings it all back.
• An organisation that goes a year without a plan is deleted. We email the owner first and keep it for another 14 days.
• The owner can delete the organisation at any time. That removes its content for everyone and can't be undone.
• Take a copy of anything you want to keep before you delete an organisation or let it lapse.

Everything you and your members put into the app is yours: contacts, deals, proposals, projects, tasks, docs, files, messages and the rest. We don't claim any ownership of it.

You give us permission to store, copy, display and send your content as far as we need to run the app for you. That permission ends when the content is deleted. We don't sell your content or use it for advertising.

You're responsible for your content. You confirm you have the right to put it in the app, including any personal data about your contacts, and that it doesn't break the law or anyone else's rights.

You must not use the app to:

• break the law, or store or send anything unlawful, abusive or infringing
• send spam, or email people who haven't agreed to hear from you where the law says they must
• upload malware, or probe, scan or attack the app or anyone else's systems
• get around plan limits, security controls or access restrictions
• copy, resell or reverse engineer the app, or build a competing product from it
• scrape the app or overload it with automated requests
• pretend to be someone else, or mislead people about who a proposal or message is from

If someone brings a claim against us because of your content, or because you broke these rules, you'll cover our reasonable costs and losses from it.

The app lets you send proposals to your contacts and collect their signature. Any contract that results is between you and your contact. We aren't a party to it.

• You're responsible for your proposal's wording, prices and terms, and for checking that an electronic signature is suitable for what you're agreeing.
• When a contact signs, we record their name, their signature, the time, and their IP address and browser, as evidence of the signature.
• Nothing in the app is legal, tax or financial advice.

You can connect other services, such as Google Calendar, Google Drive and Google Contacts, and sign in with Google or LinkedIn. Connecting one is your choice, and that provider's own terms and privacy policy apply to it. We aren't responsible for services we don't run, and a connection may stop working if the provider changes or withdraws it.

53° is in early access. We're still adding to it, so features can change, move between plans or be removed. If we remove something you rely on, we'll give you reasonable notice where we can.

Features marked as beta are for trying out. They may be incomplete, and we provide them as they are.

We work to keep the app available and running well, but we don't guarantee it will always be available or free of faults. We sometimes need to take it down for maintenance, and we rely on other providers whose outages we can't control. Our status page shows how things are running.

You can reach us through the help panel in the app or at support@53degrees.app.

We own the app, its code, its design and the 53° name and logo. While your organisation has a plan, you and your members may use the app for your business. Nothing else passes to you.

If you send us ideas or feedback, we can use them without owing you anything.

Each of us will keep the other's confidential information private, use it only for this agreement, and share it only with people who need it and are bound to protect it. That doesn't apply to information that's already public or that the law requires one of us to disclose. Your content is your confidential information.

Each of us will follow the data protection law that applies to us. For personal data in your content, such as your contacts' details, you decide why and how it's used and we handle it on your instructions. The data processing terms on the data protection page govern that and are part of this agreement.

For personal data we use for our own purposes, such as your account and billing details, see the privacy policy.

You can stop using the app at any time by cancelling your plan or deleting your organisation.

We may suspend or end your access if:

• you seriously or repeatedly break these terms
• a payment is overdue and still can't be taken after we've retried it
• we have to by law, or your use puts the app or other people at risk

We'll tell you first and give you a chance to put things right, unless the problem is urgent or the law stops us.

We may also end this agreement for any reason with 30 days' notice by email. If we do, we'll refund any fees you've paid for time after it ends.

When the agreement ends, your organisation is left without a plan and section 6 applies to its content. If we ended the agreement because of a serious breach, we may delete the content sooner.

We'll provide the app with reasonable care and skill. Beyond that, we provide it as it is. We don't promise it will meet your particular needs, and as far as the law allows we exclude any terms the law would otherwise imply.

Reports, totals and forecasts in the app are worked out from what you enter. Check them before you rely on them.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit.

Apart from that:

• neither of us is liable to the other for lost profit, revenue, business or goodwill, or for indirect or consequential loss
• we aren't liable for loss caused by a service we don't run, by your content, or by you not keeping your account secure
• our total liability to you for everything arising in any 12-month period is limited to the fees you paid us in the 12 months before the claim arose, or £100 if that's more

That cap doesn't limit what you owe us in fees.

We may update these terms as the app or the law changes. The date at the top shows when they last changed. If a change materially affects your rights, we'll email your organisation's owner at least 30 days before it applies. If you don't agree, you can cancel before then. Carrying on using the app after that means you accept the new terms.

• These terms, with the data processing terms, are the whole agreement between us about the app.
• You can't transfer this agreement without our written consent. We can transfer it to a company that takes over the app, and we'll tell you if we do.
• Only you and we can enforce these terms. Nobody else has rights under the Contracts (Rights of Third Parties) Act 1999.
• If a court finds part of these terms can't be enforced, the rest still applies.
• If either of us doesn't enforce a right straight away, that right isn't lost.
• Neither of us is liable for failing to do something because of events outside our reasonable control.
• We'll send notices to the email address on the owner's account. Send yours to the address below.

The law of England and Wales governs these terms, and the courts of England and Wales have exclusive jurisdiction over any dispute about them.

Questions about these terms go to support@53degrees.app.