Terms of Service
These Terms of Service govern your access to and use of Hub, the application and websites available at hub.radley.pro (the "Service"). Hub is operated by Radley Capital & Futures Limited ("Radley", "we", "us", or "our"), a company registered in England and Wales under company number 15930092, with its registered office at 2 Copland Court, Burgess Springs, Chelmsford, England, CM1 1HG. By creating an account, accessing the Service or agreeing to these Terms, you enter into a binding agreement with us. If you do not agree to these Terms, you must not use the Service. These Terms should be read alongside our Privacy Policy, our Cookie Policy and our Data Processing Agreement, each of which forms part of the agreement between us.
The Service is offered for business use. If you are agreeing to these Terms on behalf of a company, partnership or other organisation, you confirm that you have authority to bind that organisation, and "you" means that organisation. If you are a consumer acting outside the course of a business, nothing in these Terms limits or excludes your statutory rights under UK consumer law, and any provision that would do so does not apply to you to that extent. You must be at least 18 years old to create an account.
To use the Service you must create an account and one or more workspaces, and you are responsible for the accuracy of the information you give us and for keeping it current. You are responsible for all activity that occurs under your account and within your workspaces, including the acts and omissions of any users you invite, and you must keep your credentials confidential and tell us promptly at hello@radley.pro if you believe your account has been compromised. Where you invite other users to a workspace, you are responsible for ensuring they comply with these Terms, and you remain accountable to us for their use of the Service.
The Service is offered on both free and paid tiers, and the features included in each tier, together with the fees for paid tiers, are as set out on our pricing page at the time you subscribe. Paid subscriptions are billed in advance on a recurring basis for the billing period you select and, unless stated otherwise, renew automatically at the end of each billing period until cancelled. You may cancel at any time through your account settings or by contacting us, cancellation takes effect at the end of the current billing period, and you will retain access until that date. We do not provide pro-rata refunds for partial periods except where required by law or where we have materially breached these Terms. Fees are exclusive of VAT and any other applicable taxes, which will be added where chargeable. We may change our fees, but where a change affects a subscription you already hold we will give you at least 30 days' notice before it takes effect, the change will apply from your next renewal, and you may cancel before it takes effect if you do not accept it. If a payment fails we may retry it and may suspend access to paid features until the amount due is paid, and we will give you reasonable notice before doing so. We may also change what is included in the free tier, or withdraw it, on reasonable notice.
As between you and Radley, you own all data, records, files, text, images and other material you or your users load into, create in or collect through your workspace, which we refer to as Customer Data. We claim no ownership of it. You grant us a non-exclusive, worldwide licence to host, store, copy, transmit, display and process Customer Data solely to the extent necessary to provide, maintain, secure and support the Service and to comply with our legal obligations, and that licence ends when the Customer Data is deleted, subject to the provisions on termination below. Where Customer Data includes personal data, you are the controller and Radley is the processor, and our respective obligations are set out in our Data Processing Agreement. You confirm that you have a lawful basis for the personal data you load into the Service and that you have given any notices and obtained any consents required, and you are responsible for the accuracy, quality and legality of Customer Data and for your right to use it.
Hub allows you to build and publish your own sites, forms and chat widgets, and to collect data from your own visitors through them, which we refer to as Customer Properties. You are solely responsible for Customer Properties, including their content, any claims made in them, any cookies or tracking you add to them, and all notices, disclosures and consents required from your own visitors. Radley is not the controller of data you collect through Customer Properties and does not provide those notices on your behalf. You must not use Customer Properties to impersonate Radley or to suggest that Radley endorses, has reviewed or is responsible for their content.
You must not use the Service to store, send or publish anything unlawful, defamatory, obscene, harassing or infringing, or anything that violates the rights of others. You must not attempt to gain unauthorised access to the Service or to any other customer's workspace, probe or test the vulnerability of our systems without our prior written consent, introduce malicious code, or interfere with the integrity or performance of the Service. You must not reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent that restriction is prohibited by law. You must not resell, sublicense or make the Service available to third parties other than your own users unless we have agreed in writing, and you must not use the Service to send unsolicited bulk communications in breach of applicable law, including the Privacy and Electronic Communications Regulations. We may set reasonable technical limits on usage, including storage, records, API calls and message volume, and will tell you if your use materially exceeds them.
Radley owns and retains all rights in the Service, including the Hub platform, its software, design, documentation and trade marks, and nothing in these Terms transfers any of those rights to you. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription in accordance with these Terms. If you send us feedback, suggestions or ideas about the Service, we may use them without restriction and without any obligation to you, and we will not identify you as their source without your permission.
We aim to keep the Service available and to resolve faults promptly, but we do not guarantee uninterrupted or error-free operation unless we have separately agreed a service level agreement with you in writing. We may carry out maintenance that temporarily affects availability, and where maintenance is planned and likely to cause material disruption we will give you reasonable notice. Support is provided through the channels described on our site during our normal working hours. The Service may integrate with or link to third-party products and services, which are provided by their own suppliers under their own terms, are not controlled by us, and are not our responsibility. If a third-party service becomes unavailable or changes, the corresponding functionality in Hub may be affected.
Each party may receive information from the other that is confidential. Each party will keep the other's confidential information confidential, use it only for the purposes of these Terms, and disclose it only to those of its people and advisers who need it and who are bound by equivalent obligations. This does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed by it, or is required to be disclosed by law or a regulator.
You may terminate these Terms at any time by cancelling your subscription and closing your account. We may suspend or terminate your access if you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice, and we may suspend immediately and without notice where your use poses a security risk, exposes us or others to liability, or is unlawful. We may terminate a free tier account on 30 days' notice. On termination your right to use the Service ends, you may export Customer Data at any time before termination takes effect, and we will make it available for export for 30 days afterwards, after which we may delete it in accordance with our Privacy Policy and any applicable retention obligations. Any provision that by its nature should survive termination will do so, including those covering ownership of Customer Data, our intellectual property, confidentiality, liability, indemnity and governing law.
We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis, and we exclude all other warranties, conditions and terms, whether express or implied, including any implied terms as to satisfactory quality, fitness for a particular purpose or non-infringement. We do not warrant that the Service will meet your specific requirements, that it will be uninterrupted or free from defects, or that Customer Data will never be lost or corrupted, and you are responsible for maintaining your own backups of anything you cannot afford to lose.
Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded. Subject to that, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings, goodwill or reputation, however arising and whether or not foreseeable. Subject to the same exception, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the total fees paid by you to us for the Service in the 12 months immediately before the event giving rise to the claim, or £100 where no fees have been paid. These limits reflect the fees charged for the Service and the allocation of risk between us, and if you require a higher limit of liability you should contact us to discuss separate written terms.
You will indemnify us against all losses, damages, costs and expenses, including reasonable legal fees, arising from any third-party claim relating to Customer Data, Customer Properties, or your use of the Service in breach of these Terms or applicable law. We will notify you promptly of any such claim, will not settle it without your consent, which will not be unreasonably withheld, and will give you reasonable assistance at your cost.
We may change these Terms. Where a change is material and adverse to you, we will give you at least 30 days' notice by email or in the Service and it will take effect at your next renewal, and continuing to use the Service after that date means you accept the change. If you do not accept it, you may cancel before it takes effect. We may also modify, add to or remove features of the Service, but we will not make a change that materially reduces the core functionality of a paid tier during a billing period you have already paid for, except where we must do so for legal or security reasons.
These Terms, together with our Privacy Policy, Cookie Policy, Data Processing Agreement and any order form or written agreement between us, form the entire agreement between the parties and supersede any prior understanding on the same subject. Neither party is liable for failure or delay in performance caused by events beyond its reasonable control. You may not assign or transfer these Terms without our written consent, although we may assign them to a group company or in connection with a merger, acquisition or sale of assets. No failure or delay in enforcing a right waives it, and if any provision is held invalid or unenforceable the rest remains in force. A person who is not a party to these Terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999. Notices to us should be sent to hello@radley.pro, and notices to you will be sent to the email address on your account or posted in the Service. These Terms and any dispute arising out of them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.
If you have any questions about these Terms, please contact us at hello@radley.pro. Hub is operated by Radley Capital & Futures Limited.